PERIOD FROM 1871 TO 1905. 955 



fishing. Where any or the bays, creeks, or harbors shall not exceed six geographical miles 

 iii width, you will consider that the line of demarcation extends from headland to headland, 

 either at the entrance to such bay, creek, or harbor, or from and between given points on 

 both sides thereof, at any place nearest the mouth where the shores are less than six 

 miles apart ; and may exclude foreign fishermen and fishing vessels therefrom, or seize 

 If found within three marine miles of the coast.. 



" Jurisdiction. The limits within which you will, If necessary, exercise the power to 

 exclude United States fishermen, or to detain American fishing vessels or boats, are for 

 the present to be exceptional. Difficulties have arisen in former times with respect to the 

 question, whether the exclusive limits should be measured on lines drawn parallel every- 

 where to the coast and describing its sinuosities, or on lines produced from headland to 

 headland across the entrances of bays, creeks or harbors. Her Majesty's Government are 

 clearly of opinion that, by the Convention of 1818, the United States have renounced the 

 right of fishing not only within three miles of the Colonial shores, but within three miles 

 of a line drawn across the mouth of any British bay or creek. It Is, however, the wish 

 of Her Majesty's Government neither to concede, nor for the present to enforce any rights 

 In this respect which are In their nature open to any serious question. Until further 

 Instructed, therefore, you will not Interfere with any American fishermen unless found 

 within three miles of the shore, or within three miles of a line drawn across the mouth 

 of a bay or a creek which, though In parts more than six miles wide, is less than six 

 geographical miles in width at Its mouth. In the case of any other bay, as the Bay dea 

 Chalcurs 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. 



"Action. You will accost every United States vessel or boat actually within three 

 marine miles of the shore along any other part of the coast except Labrador and around 

 the Magdalen Islands, or within three marine miles of the entrance of any bay, harbor, or 

 creek which is less than six geographical miles in width, or Inside of a line drawn across 

 any part of such bay, harbor, or creek at points nearest to the mouth thereof not wider 

 apart than six geographical miles, and if either fishing, preparing to fish, or having obvi- 

 ously fished within the exclusive limits, you will, in accordance with the above-recited 

 acts, seize at once any vessel detected in violating the law, and send or take her into port 

 for condemnation ; but you are not to do so unless it is evident, and can be clearly proved, 

 that the offense of fishing has been committed, and that the vessel is captured within the 

 prohibited limits." (Session Papers, Vol. IV, No. 4, 1871.) 



APPENDIX C. The secretary of state for the colonies to the governor-general. 



DOWNING STREET, October 10, 1870. 



SIR : I inclose a copy of a memorandum, which I have requested Lord Granville to trans- 

 mit to Sir E. Thornton, with instructions to communicate with you before addressing him- 

 self to the Government of United States on the subject to which the memorandum relates. 



The object of Her Majesty's Government is, as you will observe, to give effect to the 

 wishes of your Government, by appointing a joint commission, on which Great Britain, 

 the United States, and Canada are to be represented, with the object of inquiring what 

 ought to be the geographical limits of the exclusive fisheries of the British North Ameri- 

 can colonies. In accordance with the understood desire of your advisers It Is proposed 

 that the Inquiry should be held in America. 



The proposal contained in the last paragraph Is made with a view to avoid diplomatic 

 difficulties, which might otherwise attend the negotiation. 

 I have, etc., 



KlMBEELBT. 



Governor-General the Right Hon. Sir JOHN YOUNG, G. C. B., G. C. M. G. 



Sir L. S. Sackville West to Mr. Bayard. 



WASHINGTON, July 18, 1887. (Eeceived July 19.) 

 SIR : In your note of the llth of November last, inclosing copies of 

 the statements with affidavits from Captain Medeo Rose, master of the 

 schooner Laura Sayward, of Gloucester, Mass., you state that these 

 papers impressively describe the " inhospitable " and " inhuman " 

 conduct " of the collector of the port of Shelburne, Nova Scotia, in re- 

 fusing to allow Captain Rose to buy sufficient food for himself and 

 crew to take them home, besides unnecessarily retaining his papers, 

 and thus preventing him, with a wholly inadequate supply ol provi- 

 sions from proceeding on his voyage." This note, I observe, appears 

 in the papers relating to the foreign relations of the United States 

 transmitted to Congress with the President's message, 1886 (No. 231, 

 page 425.) 



I have now the honor to inform you that I am instructed by the 

 Marquis of Salisbury to communicate to you the inclosed copy of a 

 dispatch from the governor-general of Canada, together with copy of 

 an approved minute of the privy council, to which is appended a let- 

 ter from the collector of customs at Shelburne, inclosing a declara- 



