194 THE ARGUMENT OF THE UNITED STATES. 



earnest protest to Her Majesty's Government against such arbitrary, 

 unlawful, unwarranted and unfriendly action on the part of the 

 Canadian government and its officials, and have instructed Mr. 

 Phelps to give notice that the Government of Great Britain will be 

 held liable for all losses and injuries to citizens of the United States 

 and their property caused by the unauthorized and unfriendly action 

 of the Canadian officials to which I have referred. 



The Secretary of State addressed another note to the British 

 minister on June 14, 1886 : 



It becomes my duty, in bringing this information to your notice, to 

 request that if any such orders for interference with the unquestion- 

 able rights of the American fishermen to pursue their business with- 

 out molestation at any point not within three marine miles of the 

 shores, and within the defined limits as to which renunciation of the 

 liberty to fish was expressed in the treaty of 1818, may have been 

 issued, the same may at once be revoked as violative of the rights of 

 citizens of the United States under convention with Great Britain. 6 



Earl Granville, in a despatch, dated June 3, 1886, transmitted to 

 Lord Lansdowne the protest, which the minister of the United 

 States had made against the provisions of circular No. 371 above 

 referred to ; and subsequently, as a result of this protest, the circular 

 was amended by substituting in place of the last clause the following : 



Having reference to the above you are requested to furnish every 

 foreign fishing vessel, boat, or fisherman found within three marine 

 miles from, the shore, within your district with a printed copy of the 

 warning enclosed herewith. If any fishing vessel or boat of the 

 United States is found fishing, or to have been fishing, or preparing 

 to fish, or, if hovering within the three-mile limit, does not depart 

 within twenty-four hours after receiving such warning, you will 

 please place an officer on board such vessel and at once telegraph the 

 facts to the fisheries department at Ottawa and await instruction. 



Earl Granville in a note to Lord Lansdowne, dated July 15, 1886, 

 acknowledged the receipt of a despatch setting forth the amend- 

 ments to this customs circular and stated : 



Her Majesty's Government observe with satisfaction the amend- 

 ments which have been made in the customs circular No. 371, and in 

 the warning to be given to the United States fishing vessels frequent- 

 ing the waters of Canada .* 



The Earl of Kosebery, then Her Majesty's principal secretary of 

 state for foreign affairs, on July 23, 1886, advised the British minister 

 in the United States : 



With regard to Mr. Bayard's observations in the same note respect- 

 ing a customs circular and a warning issued by the Canadian au- 



TJ. S. Case, Appendix, 774. U. S. Case, Appendix, 791. 



U. S. Case, Appendix, 789. *U. S. Case, Appendix,. 801. 



