144 CASE OF THE UNITED STATES. 



the mouth of any British bay or creek, and also that American fisher- 

 men should not be interfered with, either by notice or otherwise, unless 

 they are found within three miles of a line drawn across the mouth of a 

 bay or creek which is less than ten geographical miles in width, in 

 conformity with the arrangement made with France in 1839, and that 

 American vessels found within these limits should be warned that by 

 engaging or preparing to engage in fishing they will be liable to forfeit- 

 ure, and should receive notice to depart." 



This was called to the attention of the British Minister by Mr. Fish 

 in his note of June 8, 1870, and IMr. Thornton replied on the 1 1th of the 

 same month, informing Mr. Fish that the vice-admiral had received 

 instructions on the subject and that the instructions issued by him 

 had already been so modified as to bring them into conformity with 

 the views of the Admiralty, as expressed in the instructions previously 

 referred to.* 



The same point of difference also arose directly between the British 

 and Canadian Governments in reference to the form of instructions to 

 be issued by the Canadian Government to officers in command of 

 vessels engaged as marine police in protecting the inshore fisheries of 

 Canada. These instructions as originally prepared under date of May 

 14, 1870, were in part as follows: 



Powers.— The capacity in which you are vested with magisterial 

 powers is that of Fishery Ofiicer for the Provinces forming the 

 Dominion of Canada. Your power and authority as a Fishery Officer 

 are derived from the following Statutes: "The Fisheries Act" (31 

 Vict., cap. 60.) 



"An Act respecting Fisliing by Foreign Vessels" (31 Vict. cap. 61) 

 and the subsequent Statute, entitled "An Act to amend the Act 

 respecting Fishing by Foreign Vessels" made and passed in the 

 present Session of the Parliament of Canada; 



"Chapter 94 of the Revised Statutes (third series) of Nova Scotia" 

 (Of the Coast and Deep-sea fisheries) ; 



The Act entitled "An Act to amend cap. 94 of the Revised Statutes 

 of Nova Scotia, " ( 29 Vict. , cap. 35.) 



An Act passed by the Legislature of the Province of New Bruns- 

 wick, entitled "An Act relating to the Coast Fisheries, and for the 

 Prevention of lUicit Trade" (16 Vict., cap. 69;) 



Also from such Regulations as have been passed or may be passed 

 by the Governor General in Council, or from Instructions from the 

 Department of Marine and Fisheries, under The Fisheries Act herein- 

 before cited. 



In such capacit}^, your jurisdiction must be strictly confined within 

 the limit of "three marine miles of any of the coasts, ho^js, creeks, or 

 harbors, ' ' of Canada, with respect to any action you may take against 

 American fishing vessels and United States citizens engaged in fish- 

 ing. Where any of the bays, creeks, or harbors shall not exceed ten 



, a Appendix, p. 610. 



