PERIOD FROM 1854 TO 1871. 151 



Mr. Thornton had previously informed Mr. Fish that the Canadian 

 Government had not the sHghtest intention in issuing the above- 

 mentioned order "to abridge citizens of the United States of any of 

 the rights to which they are entitled by the treaty of October 20, 

 1818, and which are tacitly acknowledged in the Canadian law of 

 May 22, 1868,"" and this was confirmed by Air. Thornton's note 

 of July 11, 1870, to Mr. Fish enclosing a copy of a letter on the 

 subject from the Governor General of Canada forwarding a memo- 

 randum from the Canachan Minister of Marine from wliich the 

 following extract is taken: 



A further despatch from Mr. Thornton of 1st. instant, inclosing 

 Mr. Fish's correspondence at length, now explains the full meaning 

 of Mr. Fish's objection to the phraseology of the Order in Council of 

 8 January last, and states the argument on which Mr. Thornton 

 acquiesces in Mr. Fish's request that the order should be modified as 

 far as U. S. fishermen are concerned. 



Mr. Fish takes exception to the terms of this Order in Council 

 because of the words "Waters of Canada" which have since 1825 

 included part of the Southern coast of Labrador and Islands in the 

 Gulf of St. Lawrence, and wliich at the time of the Treaty of 1818 

 were subject to the municipal jurisdiction of Newfoundland. 



The Act of 6 Geo. IV by which this ancient change of Provincial 

 boundaries was effected in an Imperial Statute, and necessarily 

 reserves by impHcation all existing Treaty arrangements of an uncon- 

 ditional nature between the Empire and foreign Powers. Such also 

 would be the necessary effect of legislative or executive action, regard- 

 ing any matter of local jurisdiction. 



The territory and waters affected would not cease to be British 

 because of changes of inter colonial boundaries estabHshed by the 

 Imperial Parhament. 



Mr. Fish seems to desire a modification of this Order in Council 

 chiefly "vvith a view to providing against any misapprehension in 

 respect of the Treaty rights of U. S. citizens on the part of those who 

 may be charged with its execution, and suggests that additional 

 instructions should issue. 



The undersigned considers that the subsequent Order in Council 

 of 10th ulto. is sufficiently explicit and ought to be quite satisfactory. 



If anything were really wanting to assure Mr. Thornton & remove 

 Mr. Fish's apprehensions, reference might be made to the Canadian 

 Statutes relating to fishing by foreign vessels (copy herewith) and 

 to the following extract from the Special Instructions (dated 14 

 ultimo) which govern officers engaged in the fisheries protection 

 service. 



1. "U. S. fishermen may exercise the liberty of fishing in common 

 with British subjects along that part of the Coast of Canada extend- 

 ing from Alount Joy near the River Grande Natashquhan, to the 

 easterly limit of Canada, at Blanc Sablon Bay, and around the 



o Appendix, p. 581. 

 92909°— S: Doc. 870, 61-3, vol 1 18 



