196 THE ARGUMENT OF THE UNITED STATES. 



This modus, although by its terms extending for a period of not 

 exceeding two years, is still in effect in Canada. 



The instructions issued by the department of marine and fisheries 

 of Canada in March, 1886, were, it has been shown, " substantially the 

 same as those which were issued under similar circumstances in 1870," 

 and contained the order "to omit no precaution to establish on the 

 spot that the trespass is or was being committed within three miles of 

 land." 



No instructions, based upon any other theory or interpretation of 

 the renunciatory clause, were issued by Great Britain or the Dominion 

 of Canada, prior to 1888 ; nor have any such instructions since been 

 issued. 



These instructions made it clear that neither of those Governments 

 had any intention of attempting to interfere with the fishing vessels 

 of the United States resorting to any waters adjacent to the British 

 possessions in North America, outside the three mile limit, and out- 

 side bays, creeks, and harbors six miles or less in width. 



No reservation as to a waiver of rights, similar to that made in 

 1870, 6 or any other reservation, was made by the Government of Great 

 Britain when the instructions were issued in 1886, and no reservation 

 of any rights was, thereafter, made by Great Britain, by the Dominion 

 of Canada, or by Newfoundland. On the contrary Mr. Bayard, the 

 Secretary of State, referred to the acknowledged limit of three marine 

 miles, and Lord Rosebery formally advised the United States that 

 amendments to the circulars, apparently in conflict with the general 

 instructions, had been made " so as to bring them into exact accord- 

 ance with treaty stipulations," and he enclosed for communication 

 to the United States Government printed copies of these documents as 

 amended. 



SUMMARY. 



The essential facts of this controversy, as disclosed by the foregoing 

 review may be summed as follows : 



For more than twenty years after 1818 Great Britain construed this 

 renunciatory clause as preventing American fishermen from ap- 



U. S. Case. 206 ; British Case, 15. 

 * British Case, Appendix, 239. 

 U. S. Case, Appendix, 823. . 



