146 CASE OF THE UNITED STATES. 



three miles of land or in hays, which are less than six miles hroad at 

 the mouth. '^ 



In deference to the wishes thus expressed, a new set of instruc- 

 tions was issued by the Canadian Government under date of June 

 27, 1870, in which the width of the bays, or portions thereof, from 

 which the American fishermen were to be excluded, was changed 

 throughout from ten geographical miles to six geographical miles, 

 and the other provisions printed in italics in the above extract were 

 amended so as to read — 



In the case of any other bay, as Bay des Chaleurs, for example, you 

 will not interfere with any United States fishing vessel or boat, or any 

 American fishermen, unless they are found within three miles of the 

 shore. 



And 



But you are not to do so unless it is evident, and can be clearly 

 proved, that the offence of fishing has been committed, and that the 

 vessel is captured witliin the prohibited limits. ^ 



It will be observed that in both circulars alike the reason for limiting 

 the application of the headland theory is frankly admitted to be that in 

 its nature it is open to serious question, as appears from the above 

 quoted phrase: "It is, however, the wish of Her Majesty's Govern- 

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

 this respect which are in their nature open to any serious question." 



These later instructions were re-issued in 1871 without change. 



While this feature of the question was still under discussion be- 

 tween Canada and Great Britain, the Canadian Minister of Marine and 

 Fisheries took occasion, in a report made by him on May 31, 1870, 

 "to urge that her Majesty's Government may be requested to bring 

 it [the fishery question] to a speedy settlement in the manner pro- 

 posed by Lord Clarendon in 1866 on the suggestion of the American 

 Minister at London," •= and on July 1, 1870, a report was adopted 

 by the Canadian Privy Council, in connection with the mission to 

 England of a Mr. Campbell as the Canadian representative in the 

 matter, recommending — 



That the instructions which may be addressed to Mr. Campbell, 

 with reference to bringing to an early settlement all matters that 

 have been admitted into dispute between the British and American 

 Governments, affecting the fisheries, should embrace the following 

 principal points : 



o Appendix, p. 609. & Appendix, p. 614. c Appendix, p. 596. 



