1304 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



same view of the provisions of the treaty as that taken by her 

 Majesty's government; to express his regret that a different view 

 should have been taken by the Queen's government, and of his hope 

 that force might not be resorted to against our fishermen in the bays 

 and harbors, provided they avoided approaching within three marine 

 miles of the shore, and particularly as it is known to her Majesty's 

 government that the subject of the fisheries is at this moment a matter 

 of negotiation between the United States and Great Britain. 



"Admiral Seymour expressed his entire concurrence with the 

 government of the United States in its desire to avoid any cause of 

 offence. 



u He stated that he did not feel at liberty to deviate from the 

 interpretation placed by her Majesty's government on the first article 

 of the convention of 1818 ; that his instructions to the cruisers under 

 his command are, ' to carry out the views of the government in the 

 mildest manner, and not to make any seizure except in case of 

 undoubted infraction of the treaty stipulations.' '' 



So there, very clearly, is a restatement of Admiral Seymour's 

 instructions. 



In another letter of the 16th August, written by Commodore Shu- 

 brick, at p. 178 of this same volume, the Appendix to the Counter- 

 Case of the United States, it is stated, in the middle of the page : 



" I have not been able to get from Sir George Seymour, in so many 

 words, exactly what his instructions to the commanders of his cruis- 

 ers are; but t believe them to be, to seize vessels found fishing un- 

 questionably within three marine miles of the shore, and to warn 

 those within the headlands; but not to seize such, except they should 

 be armed or show a disposition to resist. He has no new instructions, 

 but is acting under those of last year." 



I should have thought he had stated the instructions sufficiently 

 before when Admiral Seymour told him that he could not deviate 

 from the interpretation placed by Her Majesty's Government upon 

 the convention; and he knew what that interpretation was. How- 

 ever, he now seems to make it sufficiently clear. 



Now, during that period there were two United States naval officers 

 in those waters. In 1852 Commodore Perry was in charge; and I 

 wish to read some statements with reference to conversations which 

 were had with Commodore Perry at that time. At p. 192 of the Brit- 

 ish Case Appendix is a memorandum of Vice- Admiral Seymour, the 

 British Admiral, of a conversation which he had had with Commo- 

 dore Perry. I read from the top of p. 192 : 



" The Commodore was disposed to admit that the proper limits of 

 the Bay of Chaleur were Miscou and Cape Despair & that the U. S. 

 vessels should keep 3 miles beyond a line drawn between those points 

 but as I observe Capt. Bayfield states the northern boundary is gen- 

 erally considered Point Macquereau it is probable the Americans may 

 claim it as the northern limits of the bay. 



