Ixx INTRODUCTION 



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

 party has yielded its rights to civil jurisdiction over a marine league along its 

 coasts. 



" Its laws are as obligatory upon the citizens or subjects 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 the citizens of the United States within 

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

 to make any discrimination in favor of the British fishermen, or to impair the rights 

 secured to American fishermen by that Treaty, those injuriously affected by them will 

 appeal to this Government for redress. 



"In presenting complaints of this kind, should there be cause for doing so, they 

 are requested to furnish the Department of State with a copy of the law or regulation 

 which is alleged injuriously to affect their rights or to make an unfair discrimination 

 between the fishermen of the respective countries, or with a statement of any supposed 

 grievance in the execution of such law or regulation, in order that the matter may be 

 arranged by the two governments. 



"You will make this direction known to the masters of such fishing vessels as 

 belong to your port in such a manner as you may deem most advisable." ' 



It will be noted that the circular refers exclusively to that part of the 

 coast, not covered by the Convention of 1818, which, as previously stated, 

 was opened up to American fishermen by the Reciprocity Treaty of 1854, 

 and the acts and executive regulations referred to in the circular and 

 appended to it are existing, not prospective. Mr. Marcy says generally 

 that the acts and executive regulations are intended to prevent the 

 destruction of fish, and that it is both reasonable and desirable that 

 American and British fishermen "should pay a like respect to such laws 

 and regulations, which are designed to preserve and increase the produc- 

 tiveness of the fisheries on those coasts," and as such is the object 

 of the laws and regulations in question "the observance of them is 

 enjoined upon the citizens of the United States in like manner as they 

 are observed by British subjects." That is to say, existing legislation 

 designed to preserve and increase the productiveness of the fishery is 

 binding upon all fishermen. In the next place Mr. Marcy states in 

 general terms that each contracting party possesses the right which it 

 has not yielded "to civil jurisdiction over a marine league along its 

 coast," and that its laws bind all alike. 



By way of illustration Mr. Marcy next states that the laws of the 

 British provinces not in conflict with the provisions of the Reciprocity 

 Treaty would be as binding on the citizens of the United States within 

 that jurisdiction as upon British subjects. That is to say, existing laws 

 not in conflict with the Reciprocity Treaty bind Briton and American 

 alike. If they are in conflict, however, the treaty would suspend the 



> Appendix, p. 478; Appendix, British Case, p. 209. 



