1302 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



785 " 2. The vessels employed under my orders in the Gulf have 

 already instructions to exercise the utmost moderation: to 

 prefer warning to seizure ; and are told, as last year, to drive away, 

 not to actually seize, beyond three miles from the shore, except in the 

 last resort, in case of determined and contumacious encroachment in 

 what are clearly bays of our provinces." 



That is the sentence I was trying to reflect in my answer to Mr. 

 Justice Gray. 



" 3. The American Government does not conceal that it has been 

 induced to send a force to the British waters, by the clamour in the 

 Eastern States. The measure has been preceded by an avowal on the 

 part of many of the United States fishermen, that they are " 



I need not continue that. 



In the United States Counter-Case Appendix, p. 176, will be found 

 a letter from Commodore Shubrick, the American Commodore, to 

 the Secretary of the Navy. 



May I be allowed to leave that letter for a moment, in order to give 

 one that precedes it in point of date, and is necessary, to some extent, 

 to its understanding? I should have given it in its order. It is a 

 letter from Mr. Dobbin, the Secretary of the Navy, to Commodore 

 Shubrick, and will be found in the United States Counter-Case Ap- 

 pendix at p. 169. I am told that on Tuesday I said that Mr. Webster 

 was succeeded by Mr. Dobbin as Secretary of State. Of course that 

 was a mistake. 



JUDGE GRAY : Mr. Dobbin was Secretary of the Navy, I think, was 

 he not? 



MR. EWART: Yes; he was Secretary of the Navy, not Secretary of 

 State. At p. 169 of the United States Counter-Case Appendix will 

 be found this letter, which is very noteworthy, because it professes 

 to give a past history of the controversies and treaties, and because 

 of the position which it takes up. At the foot of p. 169 there is a 

 statement that 



" armed fishing vessels have gone out with crews prepared to take the 

 defence of their rights in their own hands." 



And these instructions are given to Commodore Shubrick, at the 

 second paragraph of p. 170 : 



" It is proper, however, in entering upon the task committed to 

 your charge, that you should be put in possession of the past history 

 of the controversies and treaties between the United States and Great 

 Britain in regard to the fishery questions, as well as the views enter- 

 tained by the present administration." 



Leaving that, and going on to p. 171, in the middle of the second 

 paragraph, I call attention to the statement of what Mr. Dobbin says 

 is the view of the United States; and as I read it I ask attention to 

 the fact that he also is quite unable to discuss this question without 



