6 FISHERIES ARBITRATION AT THE HAGUE 



Secretary of State, upon the revival of the attempt to put into 

 force the temporary and reciprocal treaty of 1854, issued a circular 

 letter to the Collectors of Customs of the United States in which 

 he said that there were certain acts of the colonial legislatures 

 "intended to prevent the wanton destruction of the fish which 

 frequent the coasts of the colonies and injuries to the fishing." 

 And he said: 



" There is nothing in the Reciprocity Treaty between the United States and 

 Great Britain which stipulates for the observance of these regidations by our 

 fishermen; yet, as it is presumed, they have been framed with a view to pre- 

 vent injuries to the fisheries, in which our fishermen now have an equal interest 

 with those of Great Britain, it is deemed reasonable and 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 pro- 

 ceedings accordingly." 



That was issued upon the submission to him of the statutes to 

 which he refers, with a statement that they contained no provision 

 inconsistent with the full enjoyment of the American citizens' 

 rights of fishing secured by the treaty. That statement appears 

 in a series of preceding letters, notably the letter of Mr. Crampton 

 to Mr. Manners Sutton, which is to be found on pp. 205 and 206 

 of the British Case Appendix. It appears from this circular that 

 Mr. Marcy, after examining these statutes, found nothing which he 

 considered to be inconsistent with the full enjoyment of the Amer- 

 ican citizens' rights of fishing, and he approved the statutes and 

 recommended their observance. Thereupon the British Minister 

 represented to Mr. Marcy that a statement in his circular that there 

 was nothing in the treaty which stipulated for the observance of 

 these regulations would be apt to make trouble with the fishermen; 

 that the American fishermen would not be likely to observe the 

 recommendation which had been made to them, in the face of the 

 statement that there was no stipulation requiring them to obey. 

 That representation appears in the letter of Mr. Crampton of the 

 2Sth April, 1856, which is to be found on p. 210 of the British Case 

 Appendix. And the British Minister asked Mr. Marcy to amend 

 his circular by putting in other words in place of the observation 

 that there was no stipulation requiring obedience. These are the 



