1272 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



He also referred to the British orders {p. 357 of the United States 

 Case Appendix) issued in 1824, and referred to those orders as 

 though they were Admiralty orders. 



What they really were were orders issued by the captain of the 

 " Dotterel " to Mr. Jones, who was in charge of a provincial boat, 

 and who was assisting in the work that the " Dotterel " had to do. 

 That boat was assigned to work at the islands of Grand Manan, 

 Campo Bello, and Lebuc, at the entrance to the Bay of Fundy. Mr. 

 Jones was given that district to patrol, and his orders were to operate 

 in that district, and to seize American fishermen found within 3 

 miles of the land. That is quite a different thing from a statement 

 that Admiralty orders to their cruisers in other parts, not in con- 

 nection with those islands, but in connection with the coast, were 

 as limited as those that the captain of the " Dotterel " gave to Mr. 

 Jones. 



At p. 357 of the United States Case Appendix, the place where the 

 extract was read from, there is an affidavit made by Mr. Faxon, and 

 at the end of the page there is a statement showing what Jones told 

 him: 



" He said they were authorized to take all vessels within three 

 miles of the land. I afterwards heard the orders given by the 



captain to Jones read; they directed him very nearly, and I 

 767 believe exactly, as follows : ' You will consider your cruising 



ground to be the Menan islands, Campo Bello, and the island 

 of Lubec. You will take all American fishermen found within three 

 miles of the land, except in extreme cases of distress, and carry them 

 to St. Andrew's, there take an inventory. . . .' " 



and so on. 



Xow, it is very obvious what was the reason for those orders given 

 to the men put in charge of that boat. The Americans were fishing, 

 not in the Bay of Fundy at all, as we contend ; they were fishing out- 

 side the Bay of Fundy, or, if in the Bay of Fundy, it was so near to 

 the line that the exact locality was immaterial (and it is quite dis- 

 putable whether they were within the line or without the line, be- 

 cause we have not agreed yet where the line ought to be), but the 

 duty of this officer, at all events, was not in connection with fishing in 

 the Bay of Fundy, but with the fishing that was going on outside of 

 the Bay of Fundy, and with the operations of the crews of those 

 vessels in coming within 3 miles of the land for the purpose of clean- 

 ing their fish, and getting supplies, and furnishing themselves in 

 various ways. This officer, therefore, was detailed for the purpose 

 of preventing that particular incursion into British territory, and 

 the nature of his duties explains the character of his orders. 



I referred, in my short sketch of this history in opening, to the 

 fact that there was some evidence (and I distinctly guarded myself 



