32 ARGUMENT OF GREAT BRITAIN. 



" It is indeed literally true, as Mr. Marcy states, that there is no 

 express stipulation in the Reciprocity Treaty which binds American 

 citizens to observe the British Colonial Regulations, but the obliga- 

 tion to do so did not require a stipulation; it attaches upon American 

 citizens as soon as they claim the benefit of the Treaty." (British 

 Case. App., p. 208.) 



In consequence of these representations a new circular was issued 

 by the United States containing the following passage : 



" It is deemed reasonable and desirable that both United States and 

 British fishermen should pay a like respect to such laws and regula- 

 tions, which are designed to preserve and increase the productiveness 

 of the fisheries on those coasts. Such being the object of these laws 

 and regulations, the observance of them is enjoined upon the citizens 

 of the United States in like manner as they are observed by British 

 subjects. By granting the mutual use of the inshore fisheries neither 

 party has yielded its right to civil jurisdiction over a marine league 

 along its coast. Its laws are as obligatory upon the citizens or sub- 

 jects of the other as upon its own. The laws of the British Provinces 

 not in conflict with the provisions of the Reciprocity Treaty would 

 be as binding upon citizens of the United States within that jurisdic- 

 tion as upon British subjects. Should they be so framed or executed 

 as to make any discrimination in favour of the British fisherman, or 

 to impair the rights secured to American fishermen by that Treaty, 

 those injuriously affected by them will appeal to this Government 

 for redress." (British Case, App., p. 209.) 



It is clear from this incident that in 1856 the United States ad- 

 mitted the British contention after it had been expressly brought to 

 their notice and discussed. The grant of fishing liberties in the reci- 

 procity treaty of 1854 is in terms the same as that in the treaty of 



1818. 



37 2. In 1866 the reciprocity treaty was terminated by the 



United States, r.nd Mr. Cardwell, the British Colonial Secre- 

 tary, stated the position of His Majesty's Government on the ques- 

 tion of regulations under the treaty of 1818 in a letter of the 12th 

 April, 1866, to the Lords of the Admiralty. This letter formed the 

 basis of instructions subsequently issued to British Naval Officers. 

 It was in the following terms : 



" On the other hand, naval officers should be aware that Americans 

 who exercise their right of fishing in Colonial waters in common with 

 subjects of Her Majesty, are also bound, in common with those sub- 

 jects, to obey the law of the country, including such Colonial laws as 

 have been passed to ensure the peaceable and profitable enjoyment 

 of the fisheries by all persons entitled thereto. 



" The enforcement of the Colonial laws must be left as far as the 

 exercise of rights on shore is concerned, to the Colonial authorities, 

 by whom Her Majesty's Government desire they shall be enforced 

 with great forbearance especially during the present season. In all 

 cases they must be enforced with much forbearance and consideration, 

 and they must not be enforced at all by Imperial officers if they 



