PERIOD FROM 1811 TO 1905. 785 



arbitrary assumptions of power against which you are desired to 

 make an early protest. You are instructed in doing so, to state that 

 the Government of Great Britain will be held responsible by that of 

 the United States for whatever losses may be incurred by American 

 citizens growing out of the dispossession of their property, detention 

 or sale of their vessels lawfully within British North American terri- 

 torial waters." 



The telegram ends here. Please telegraph the purport of circular 

 No. 371 referred to. 



(Sd.) GRANVILLE. 



Earl GranviUe to Lord Lansdowne. 



[Telegram.] 



4th June, 1886. 



The terms of the concluding paragraph of the warning which was 

 enclosed in your despatch dated 25th March, exclude all foreign ves- 

 sels as well as those of the United States from Canadian bays. This 

 is unintentional in all probability, as there is in the Act recited noth- 

 ing to justify this. It would be well, however, to invite the attention 

 of your Government to this point with a view to having the warning 

 amended. 



(Sd.) GRANVILLE. 



Lord Lansdowne to Earl GranviUe. 



[Extract.] 



QUEBEC, 8th June, 1886. 



MY LORD: In reference to your Lordship's telegrams of the 3rd and 

 4th inst., in which you have called the attention of my Government 

 to the Customs Circular No. 371 and to the "Warning" enclosed 

 therein, I think it desirable to make the following observations in 

 explanation of the telegraphic replies which I have addressed to Your 

 Lordship. 



In your telegram of the 4th inst., Your Lordship pointed out that 

 the terms of the concluding paragraph of the "Warning" in question 

 had the effect of excluding not only vessels belonging to the United 

 States but all foreign vessels from Canadian bays and harbours, and 

 you observed that this was probably not intentional as nothing in 

 the Act recited would justify such an exclusion. 



I have ascertained that the "Warning" as originally issued from 

 the Department of Fisheries after reciting the first Article of the 

 Convention of 1818, and Sections 2, 3 and 4 of the Canadian Act of 

 1868, respecting fishing by foreign vessels, contained the following 

 paragraph: 



"Therefore be it known, that by virtue of the Treaty Provisions 

 and Act of Parliament above recited, all foreign vessels or boats are 

 forbidden from fishing or taking fish by any means whatever within 

 three marine miles of any of the coasts, bays, creeks, and harbours 

 in Canada, or to enter such bays, harbours and creeks except for the 



92909 S. Doc. 870, 61-3, vol 3 11 



