PERIOD FROM 1854 TO 1871. 145 



geographical miles in width, you will consider that the line of de- 

 marcation extends from headland to headland, either at the entrance 

 to such bay, creek or harbor, or from and between given points on 

 both sides thereof, at any place nearest the mouth where the shores 

 are less than ten miles apart; and may exclude foreign fishermen and 

 fishing vessels therefrom, or seize if found within three marine miles 

 of the coast. 



Jurisdiction. — The hmits within which you will, if necessary exer- 

 cise the power to exclude United States fishermen, or to detain Amer- 

 ican fishing vessels or boats, are for the present to be exceptional. 

 Difficulties have arisen in former times \\dth respect to the question, 

 whether the exclusive limits should be measured on lines drawn 

 parallel everywhere to tlie coast and describing its sinuosities, or on 

 lines produced from headland to headland across the entrances of bays, 

 creelvs or harbors. Her Majesty's Government are clearly of opinion, 

 that by the Convention of 1818, the United States have renounced 

 the right of fishing not only wdthin three miles of the Colonial shores, 

 but within three miles of a line drawn across the mouth of any British 

 bay or creek. It is, however, the wish of Her Majesty's Government 

 neither to concede, nor for the present to enforce any rights in this 

 respect, which are in their nature open to any serious question. Until 

 further instructed, therefore, you will not interfere with any Amer- 

 ican fishermen unless found within three miles of the shore, or within 

 three miles of a Hue drawn across the mouth of a bay or creek (which 

 is less than ten geographical miles in width.) In case of any other 

 hay, as Bay de CJialeurs, for example, you will not admit any United 

 States fishing vessel or boat, or any American fishermen, inside of a 

 line drawn across at that part of such hay where its width does not exceed 

 ten miles. 



Action. — You will accost every United States vessel or boat ac- 

 tually within three marine miles of the shore, along any other part 

 of the coast except Labrador and around the Magdalen Islands, or 

 within three marine miles of the entrance of any bay, harbor or 

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

 of a line drawn across an}?" part of such bay, harbor or creek, at 

 points nearest to the mouth thereof, not wider apart than ten geo- 

 graphical miles, and if either fishing, preparing to fish, or having 

 obvioush^ fished within the exclusive limits, you will, in accordance 

 with the above recited Acts, seize at once any vessel detected in violat- 

 ing the law, and send or take her into port for condemnation. It 

 must be evident and susceptible of the clearest proof that the offence 

 has been committed, and the capture effected within the prohibited limits. " 



Lord Granville, knowing that even this modified application of 

 the "headlands" theory would raise an issue with the United States 

 Government, promptly telegraphed on June 6, 1870, to the Governor 

 General of Canada as follows: 



Her Majesty's Government hope that the United States fisher- 

 men will not be for the present prevented from fishing except within 



a Appendix, pp. 583-585. 



