188 THE ARGUMENT OF THE UNITED STATES. 



along the shores of the British possessions in North America was by 

 the terms of the treaty denied the American fishermen, was not 

 tenable, and now declined to enforce or contend for such a con- 

 struction of the treaty. 



Mr. Cardwell observed that " the question what is a British bay 

 or creek is one which has been the occasion of difficulty in former 

 years," and instructed the colonial authorities to conform to the 

 arrangement made with France in 1839. 



While in these instructions a British bay was only claimed to be 

 one " which is less than ten geographical miles in width in conformity 

 with the arrangement made with France in 1839," nevertheless, " in 

 case it should become necessary to proceed to forfeiture, cases should, 

 if possible, be selected for that extreme step in which the offence has 

 been committed within three miles of land. 



It will be recalled that, between the termination of the reciprocity 

 treaty in 1866 and January, 1870, the provinces and the Dominion of 

 Canada granted licenses to American fishermen to prosecute the in- 

 shore fisheries without reference to any distance from shore. It is, 

 therefore, to be observed what the position of Great Britain was when 

 the terms of the treaty of 1818 were actually to be enforced against 

 the people of the United States. 



May 5, 1870, Vice-Admiral Wellesley was instructed by the Ad- 

 miralty : 



My lords desire me to remind you of the extreme importance of 

 commanding officers of the ships selected to protect the fisheries, ex- 

 ercising the utmost discretion in carrying out their instructions, 

 paying special attention to Lord Granville''s observation that no ves- 

 sel should be seized unless it is evident and can be clearly proved that 

 the offence of -fishing has been committed and that the vessel is cap- 

 tured within three miles of land? 



April 30, 1870, Lord Granville, secretary of state for the colonies, 

 in a note to Sir John Young, Governor-General of the Dominion of 

 Canada, stated : 



I have the honor to transmit to you the copy of a letter which I 

 have caused to be addressed to the Admiralty respecting the instruc- 

 tions to be given to the officers of H. M. ships employed in the pro- 

 tection of the Canadian fisheries. 



Her Majesty's Government do not doubt that your minister will 

 agree with them as to the propriety of these instructions, and will 

 give corresponding instructions to the vessels employed by them. 



a British Case, Appendix, 222. U. S. Case, Appendix, 592. 



* U. S. Case, Appendix, 590. 



