72 THE ARGUMENT OF THE UNITED STATES. 



tion of American fishermen, then lately admitted to fish in New 

 Brunswick waters by the treaty of 1854. 



As a result Mr. Crampton subsequently had an interview with 

 Mr. Marcy, Secretary of State of the United States, and on July 12, 

 1855, Mr. Marcy prepared and sent to the collector of customs of 

 Boston a circular on the subject. 6 



The British Government raised some objection to a clause in the 

 circular, and the correspondence, which followed, between Mr. Marcy 

 and Mr. Crampton and the positions taken by the two Governments 

 are fully discussed in the Counter Case of the United States." 



In the communication from Mr. Crampton to Mr. Marcy concern- 

 ing the draft of the circular sent to him for comment, Mr. Crampton 

 suggested, as a substitute for the clause objected to, the following: 

 "American citizens would, indeed, within British jurisdiction, be 

 equally liable with British subjects to the penalties prescribed by 

 law for a willful infraction of such regulations." d 



Mr. Marcy declined to accept the language suggested, but inserted 

 instead the following clause : 



By granting the mutual use of the inshore fisheries neither party 

 has yielded its right to civil jurisdiction a marine league along its 

 coast. Its laws are as obligatory upon the citizens or subjects of the 

 other as upon its own. The laws of the British provinces not in con- 

 flict with the provisions of the reciprocity treaty would be as binding 

 upon citizens of the United States within that jurisdiction as upon 

 British subjects. Should they be so framed or executed as to make 

 any discrimination in favor of the British fishermen, or to impair the 

 rights secured to American fishermen by that treat}*-, those injuriously 

 affected by them will appeal to this Government for redress. 



Mr. Marcy was here considering, first, the obligatory force of the 

 laws of the two nations generally, and, second, their obligatory force 

 when taken in connection with the reciprocity treaty. As to the 

 first he recognized the full jurisdiction of each nation over its terri- 

 tory ; but, as to the second, he conceded the binding force of the laws 

 only when " not in conflict with the reciprocity treaty ; " as will be 

 seen when the entire circular is read, he enjoined on fishermen of the 

 United States obedience to the local laws and an appeal to their Gov- 

 ernment if such laws were so framed or enforced as to injuriously 

 affect their rights. The direction to obey the local laws without 



U. S. Counter Case, 29 ; British Case, Appendix, 205. 

 6 British Case, Appendix, 207. 

 C U. S. Counter Case, 29-32. 

 'British Case, Appendix, 210-211. 



