QUESTION FIVE. 155 



Great Britain did not question the right openly exercised by Ameri- 

 can fishermen of fishing within any of the large bays, provided fishing 

 operations were not conducted within three miles of the shores. 



That this was the position of Great Britain is shown by the 

 orders, under which His Majesty's sloop Dotterel, then stationed on 

 the North Atlantic coast, acted. Captain Hoare in a report to Kear- 

 Admiral Lake, November 25, 1824, stated, in answer to a complaint 

 of the owners of the American fishing vessel Hero, which had been 

 seized in a harbor within the three mile limit, that : 



My order to the officers of the boats has been that any American 

 vessels they may find within three marine miles of the shores, except 

 in evident cases of distress, or in want of wood or water, they are to 

 detain and send or carry them to St. Andrews." 



The American fishermen, as represented by a memorial of thirty- 

 five merchants and ship-owners, residing at Eastport in the State of 

 Maine, dated July 27, 1824, " were constantly fishing in the Bay 

 of Fundy common to both countries," and objected to the actions 

 of the Dotterel, "inasmuch as they (American fishermen) are de- 

 prived the privilege of making a harbour for the purpose of shelter 

 and to purchase wood and procure water, it operates as a deprivation 

 of a great and important benefit which they feel that they have a 

 right to enjoy without interruption." 6 



It is manifestly established that the American fishermen were fish- 

 ing in great numbers in the Bay of Fundy, one of the large outer 

 bays, and that the Dotterel was seizing American vessels whenever 

 found within three marine miles of the shore, thus preventing the 

 American vessels from seeking the small harbors along the coast for 

 shelter from the violent storms of the Bay of Fundy. 



The construction as to the large outer bays, always contended for 

 by the United States, was being applied by the Government of Great 

 Britain. 



But, while the American fishermen were not molested in their oper- 

 ations within the great outer bays, they were not allowed to resort 

 to the small bays, creeks, or harbors indenting the coast, " except in 

 evident cases of distress or in want of wood or water." 



It was natural that there should have arisen differences of opinion 

 as to what constituted distress, and as to whether or not any par- 



TJ. S. Case, 77; Appendix, 374-377. 

 & U. S. Case, 76 ; Appendix, 335. 



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



