186 THE ARGUMENT OF THE UNITED STATES. 



ant-governor of Nova Scotia, Sir W. F. Williams, was, however, 

 instructed by Mr. Cardwell : 



I must distinctly inform you that on a matter so intimately con- 

 nected with the international relations of this country, Her Majesty's 

 Government will not be disposed to yield their own opinion of what 

 it is reasonable to insist on, nor to enforce the strict rights of Her 

 Majesty^s subjects beyond what appears to them to be required by 

 the reason and justice of the case. a 



The Province of Canada authorized the issuance of fishing licenses 

 on the payment of a small sum entitling the holder to enjoy all the 

 rights granted the fishermen of the United States under the reciprocity 

 treaty, which, of course, included the right to fish along the shores 

 without regard to any distance therefrom. 6 



In June, 1866, the foreign office was advised that Nova Scotia and 

 New Brunswick would consent to the issuing of such licenses c and 

 in July, 18G6, the Government of Prince Edward's Island agreed to 

 the license system.* 1 



Under the British North America Act of March 29, 1867, the 

 Provinces of Nova Scotia, New Brunswick, and Quebec federated 

 with the Province of Canada, and thereafter the Government of the 

 Dominion of Canada assumed authority over their coast fisheries. 



The system of granting licenses continued until 1870. 6 



The American fishermen gradually refused to apply for licenses, 

 as the fee was considerably increased by provincial legislation above 

 the fee established in 1866, and, as a result, difficulties began to arise 

 concerning the rights of fishermen of the United States under the 

 treaty of 1818. 



In view of the position of Great Britain prior to the reciprocity 

 treaty of 1854, and the decisions in the cases of the Washington, and 

 Argus, it is here important to particularly note the attitude of the 

 Government of Great Britain regarding the true interpretation and 

 enforcement of this renunciatory clause. 



In April, 1870, Mr. Fish asked Mr. Thornton, the British minister 

 at Washington, for information as to whether or not it was the 

 intention of the Dominion Government to issue any more licenses to 

 foreign fishermen.* 



Mr. Thornton in a note to Mr. Fish, April 14, 1870, enclosed a 

 memorandum from Sir John A. McDonald, prime minister of the 



U. S. Case, Appendix, 577. d U. S. Case, Appendix, 579. 



6 U. S. Case, 153 ; Appendix, 577. e U. S. Case, 138. 

 U. S. Case, Appendix, 578. 



