150 CASE OP THE UNITED STATES. 



Mount Joly, thus fixed by treaty as the westernmost limit on the 

 coast of Labrador of the hberty of fishing for the inhabitants of the 

 United States, is understood to be in the longitude of about 61° 40'. 

 From that point eastward and northward, on the shores of what was 

 then called Labrador, the fishermen of the United States have the lib- 

 erty to take fish. 



The act last above recited seems to establish the boundaries and the 

 jurisdiction of Canada as extending to the bay of Ance Sablon, about 

 four and a half degrees of longitude to the east of Mount Joly, and to 

 include the Magdalen Islands. 



It was under the impression that this act establishes the juris- 

 diction and the boundary of Canada, as extending to a line drawn 

 due north and south from the bay or harbor of Ance Sablon, and 

 including the Magdalen Islands, that on the 21st of April last I 

 invited your attention to the first paragraph of the order in council 

 of the Dominion of Canada on the 8th January last, declaring "that 

 henceforth all foreign fishermen be prevented from fishing in the 

 waters of Canada," as contemplating a possible interference with the 

 rights guaranteed to the United States under the treaty of 1818. 

 The minister of the privy council and the report of the minister of 

 marine and fisheries, of which you have given me copies, give as- 

 surance of the intent of the authorities of the Dominion government 

 not to abridge those rights; but the order in council may be inter- 

 preted by those to whom its execution is intrusted to authorize their 

 interference with fishermen of the United States while in the exercise 

 of their guaranteed liberty. If our understanding that the boundary 

 and jurisdiction of Canada extend to the bay or harbor of Ance 

 Sablon, and include the Magdalen Islands, be correct, "the waters 

 of Canada" embrace the coast of Labrador from Mount Joly to the 

 Bay of Ance Sablon, and include also the Magdalen Islands. De- 

 sirous to avoid the possibility of any misapprehension on the part 

 of those who may be charged with the execution of the order in 

 council, I beg to call your attention to the acts to which I have re- 

 ferred, and to request, in case I am in error with regard to the eastern 

 boundary and the extent of jurisdiction in Canada, that you wiU 

 advise me of the real boundary and jurisdiction. If I am correct in 

 this respect, and if that part of the coast of what in 1818 was known 

 as Labrador included between Mount Jol}^ and the bay or harbor 

 of Ance Sablon, or the Magdalen Islands, be in "the waters of 

 Canada," I do not doubt that the authorities of the Dorhinion will 

 recognize the necessity of such modification of the order in council 

 of the 8th of January last, or of such additional instructions to be 

 given as will secure the fishermen of the United States from inter- 

 ference while in the exercise of the liberty guaranteed to them by 

 the treaty of 1818.« 



Mr. Thornton informed Mr. Fish in reply, on June 2, 1870, that his 

 note had been referred to the Canadian Government, and that he 

 was inclined to think that Mr. Fish was right in supposing that the 

 limit of Canada extends as far east as Ance Sablon on the coast of 

 Labrador and that the Magdalen Islands are comprised within it. 



o Appendix, p. 593. 



