QUESTION ONE. 31 



desirable that both should pay a like respect to those regulations, 

 which were designed to preserve and increase the productiveness and 

 prosperity of the fisheries themselves. It is, consequently, earnestly 

 recommended to our citizens to direct their proceedings accordingly. 

 You will make this recommendation known to the masters of such 

 fishing vessels as belong to your port, in such manner as you may 

 deem most advisable. 



" I am, &c., 

 (British Case, App., p. 207.) "W. L. MARCY." 



Extracts from a statute of New Brunswick (Revised Statutes of 

 New Brunswick, Vol. I, title 22, cap. 101) were appended. 



His Majesty's Government took exception to this statement, and the 

 British Minister at Washington made official representations on the 

 matter. The view which he pressed on behalf of the British Govern- 

 ment is stated by him in his letter to the Earl of Clarendon of the 

 7th August, 1855, in the following passage : 



" It appears to me that American citizens, while within British 

 jurisdiction would be subject to the penalties attached to the infringe- 

 ment of all legal regulations, local, as well as general, by which 

 British subjects are bound: and not less to those affecting the fish- 

 eries, provided always, that these latter did not trench upon the rights 

 secured by treaty to citizens of the United States. Did any such law 

 or police regulation exist, or were any such to be enacted, the Gov- 

 ernment of the United States would no doubt be justified in demand- 

 ing its abrogation; but the principle now enounced by Mr. Marcy 

 extends much further, for it goes to exonerate American citizens 

 from the penalties attaching to the violation of all British laws and 

 regulations, however unobjectionable, now affecting, or which may 

 hereafter affect, the British fisheries; and leave their observance to 

 depend solely on the good feeling or good sense of the individuals 

 who may at any time happen to be engaged in those fisheries." 

 (British Case, App., p. 208.) 



This view met with the express approval of His Majesty's 

 36 Government. The Earl of Clarendon, the Secretary of State 

 for Foreign Affairs, said in reply (llth October, 1855) : 



" By the Reciprocity Treaty between this country and the United 

 States American citizens are admitted to the benefit of certain fish- 

 eries carried on in British waters in common with Her Majesty's sub- 

 jects. It follows as a necessary consequence that such American citi- 

 zens are bound to observe the existing laws and regulations established 

 for the conduct of such fisheries by which British subjects are bound. 

 This is necessarily implied in the very words of the Article of the 

 Treaty, but independently of all agreement, it would follow, on gen- 

 eral principles, that American fishermen pursuing their occupation 

 within British territory would be bound to observe the local laws and 

 regulations in like manner as all foreigners are bound to observe the 

 municipal laws of the country in which they are resident. 



