QUESTION ONE. 73 



reference to their character was in the interest of comity and good 

 order. 



That Mr. Marcy was speaking of the obligatory effect within the 

 British jurisdiction of the British laws regulating the fisheries in a 

 de facto sense is evident. That view had been suggested to him 

 by Mr. Crampton, and Mr. Marcy's purpose was to prevent a collision 

 between the fishermen and the authorities, which might have resulted 

 from a refusal of the American fishermen to observe the local laws, 

 which Mr. Crampton had stated the provincial magistrates would 

 have no choice but to enforce. 



The United States contends that all that this correspondence shows 

 is that Great Britain submitted certain existing colonial laws and 

 regulations to the Secretary of State of the United States and secured 

 the approval of the latter and his direction to American fishermen to 

 observe such laws and regulations. Mr. Marcy approved them provi- 

 sionally as reasonable and desirable, but reserved the right to the 

 United States to pass on them if in their practical application they 

 should prove to be " so framed or executed as to make any discrimi- 

 nation in favor of the British fishermen, or to impair the rights 

 secured to American fishermen by that treaty." 



Read in the light of these facts, it is submitted that there is noth- 

 ing in the Marcy circular which conflicts with the position now 

 assumed by the United States. 



THE BOTTTWELL CIBCULAB. 



On June 9, 1870, Mr. Boutwell, Secretary of the Treasury of the 

 United States (not Secretary of State, as erroneously stated in the 

 British Case) ,* issued a circular informing American fishermen of the 

 status of their fishing rights on the non-treaty coasts under the treaty 

 of 1818. In that circular Mr. Boutwell made the statement that " fish- 

 ermen of the United States are bound to respect the British laws and 

 regulations for the regulation and preservation of the fisheries to the 

 same extent to which they are applicable to British or Canadian 

 fishermen." b 



It is shown in the Counter Case of the United States c that this 

 circular related only to the Canadian non-treaty coasts, on which the 



a British Case, 13. 



6 British Case, Appendix, 237-249. 



U. S. Counter Case, 37-39. 



