2IO FISHERIES ARBITRATION AT THE HAGUE 



I will read the full paragraph, just below the middle of the 

 page: 



"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 subjects, to obey the 

 law of the country, including such Colonial laws as have been passed to insure 

 the peaceable and profitable enjoyment of the fisheries by aU persons entitled 

 thereto." 



That letter, with that general observation embosomed in it, 

 rested for four years without being communicated to anyone except 

 to the persons to whom it was addressed and the officers, very 

 probably, who were under them. But four years afterwards, on 

 the 3rd June, 1870, the difficulties which led to the making of the 

 treaty of 1871 being active, an active controversy on the bay ques- 

 tion having arisen again, there was a correspondence on that subject 

 between the British and the American authorities, and on p. 597 of 

 the United States Case Appendix, at the top of the page, the Tri- 

 bunal will find a letter from the British Minister (Mr. Thornton) 

 to the American Secretary of State (Mr. Fish), dated 3rd June, 

 1870, in which he transmits a letter relating to the enforcement of 

 the British view regarding the Hmits of American fishing in the 

 bays. Mr. Thornton says, at the top of p. 597: 



"In compliance with instructions which I have received from the Earl 

 of Clarendon, I have the honor to transmit for your information copy of a 

 letter addressed by the Admiralty to the Foreign Office inclosing copy of 

 one received from Vice Admiral Wellesley, commanding Her Majesty's naval 

 forces on this Station, in which he states the names of the vessels to be employed 

 in maintaining order at the Canadian Fisheries and forwarding a copy of the 

 instructions which were to be issued to the commanders of those vessels." 



"Maintaining order at the Canadian Fisheries" was something 

 which had nothing whatever to do with the treaty coast, or the 

 exercise of the fishing right, or drying and curing under the treaty 

 of 1818. It related solely to maintaining the Una of demarcation 

 between the waters which were renounced and the waters which 

 were not renounced upon the non-treaty coast. The Tribunal will 

 see that very readily, by reference to the instructions which are 

 enclosed in this letter of Mr. Thornton's. There were a series of 

 enclosures. The first enclosure in that letter on p. 597 is the 



