PERIOD FROM 1871 TO 1905. 781 



them to take cognizance of the subject, or invests them with any juris- 

 diction in the premises. Of this obvious conclusion the Canadian 

 authorities seem to be quite aware. I am informed that since the 

 seizures they have pressed or are pressing through the Canadian par- 

 liament in much haste an act which is designed for the first time in 

 the history of the legislation under this treaty to make the facts upon 

 which the American vessels have been seized illegal, and to authorize 

 proceedings against them therefor. 



What the effect of such an act will be in enlarging the provisions 

 of an existing treaty between the United States and Great Britain 

 need not be considered here. The question under discussion depends 

 upon the treaty and upon such legislation warranted by the treaty 

 as existed when the seizure took place. 



The practical construction given to the treaty down to the present 

 time has been in entire accord with the conclusions thus deduced 

 from the act of Parliament. The British Government has repeatedly 

 refused to allow interference with American fishing vessels, unless 

 for illegal fishing, and has given explicit orders to the contrary. 



On the 26th of May, 1870, Mr. Thornton, the British minister at 

 Washington, communicated officially to the Secretary of State of the 

 United States copies of the orders addressed by the British Ad- 

 miralty to Admiral Wellesley, commanding Her Majesty's naval 

 forces on the Xorth American station, and of a letter from the 

 colonial department to the foreign office, in order that the Secretary 

 might " see the nature of the instructions to be given to Her Majesty s 

 and the Canadian officers employed in maintaining order at the fish- 

 eries in the neighborhood of the coasts of Canada." Among the 

 documents thus transmitted is a letter from the foreign office to the 

 secretary of the Admiralty, in which the following language is 

 contained : 



" The Canadian Government has recently determined, with the 

 concurrence of Her Majesty's ministers, to increase the stringency 

 of the existing practice of dispensing with the warnings hitherto 

 given, and seizing at once any vessel detected in violating the law. 



" In view of this change and of the questions to which it may give 

 rise, I am directed by Lord Granville to request that you will move 

 their lordships to instruct the officers of Her Majesty's ships em- 

 ployed in the protection of the fisheries that they are not to seize 

 any vessel unless it is evident and can be clearly proved that the 

 offense of fishing has been committed and the vessel itself captured 

 within three miles of land." 



In the letter from the lords of the Admiralty to Vice-Admiral 

 Wellesley of May 5, 1870, in accordance with the foregoing request, 

 and transmitting the letter above quoted from, there occurs the fol- 

 lowing language : 



" My lords desire me to remind you of the extreme importance of 

 commanding officers of the ships selected to protect the fisheries exer- 

 cising the utmost discretion in carrying out their instructions, pay- 

 ing special attention to Lord Granville's observation that no vessel 

 should be seised unless it is evident and can be clearly proved that 

 the offense of fishing has been committed, and that the vessel is cap- 

 tured within three miles of land." 



Lord Granville, in transmitting to Sir John Young the aforesaid 

 instructions, makes use of the following language : 



