QUESTION FIVE. 189 



The letter referred to by Lord Granville was the letter sent by 

 direction of Lord Granville to the Admiralty April 30, 1870, 

 instructing : 



The officers of Her Majesty's ships employed in the protection of 

 the fisheries that they are not to seize any vessel unless it is evident 

 and can be clearly proved that the offence of -fishing has been com- 

 mitted and the vessel itself captured within three miles of land. 



Lord Granville, upon a consideration of the special instructions to 

 the fisheries officers in command of the provincial cruisers, June 6, 

 1870, cabled Sir John Young, Governor-General of Canada : 



Her Majesty's Government hope that the United States fishermen 

 will not be for the present prevented from fishing except within three 

 miles of land or in bays which are less than six miles broad at the 

 mouths 



Following the request of Lord Granville, new instructions to the 

 officers in command of the provincial vessels were issued under date 

 June 27, 1870, which complied in every respect with the position of 

 the Government of Great Britain : 



In such capacity your jurisdiction must be strictly confined within 

 the limit of three marine miles of any of the coasts, bays, creeks or 

 harbors of Canada with respect to any action you may take against 

 American fishing vessels, and United States citizens egaged in fishing. 

 Where any of the bays, creeks or harbors shall not exceed six geo- 

 graphical miles in width, you will consider that the line of demarca- 

 tion extends from headland to headland, either at the entrance to 

 such bay, creek or harbor, or from and between given points on both 

 sides thereof at any place nearest the mouth where the shores are less 

 than six miles apart ; and may exclude foreign fishermen and fishing 

 vessels therefrom or seize, if found, within three marine miles of the 

 coast. * * * 



Until further instructed therefore., you will not interfere with any 

 American fishermen unless found within three miles of the shore, or 

 within three miles of a line drawn across the mouth of a bay or 

 creek which though in parts more than six miles wide, is less than six 

 geographical miles in width at its mouth. In case of any other bay, 

 as the Bay of Chaleurs, for example, you will not interfere with any 

 United States fishing vessel or boat, or any American fishermen un- 

 less they are found within three miles of the shore. * * * 



Omit no endeavor or precaution to establish on the spot that the 

 trespass was or is being committed within three miles of land." 



So it is observed the Government of Great Britain, when first called 

 upon to enforce the treaty of 1818, after the termination of the reci- 

 procity treaty, decided to issue instructions to its naval forces in the 

 North Atlantic, in accord with the early orders, to only prevent fish- 

 ing within three miles of land. 



U. S. Case, Appendix, 591. C U. S. Case, Appendix, 613. 



6 U. S. Case, Appendix, 609. 



