434 APPENDIX 



fishermen, that the United States' fishermen have any other, and still less that they 

 have greater, rights than the British fishermen had at the date of the' U'reaty. 



If, then, at the date of the signature of the Treaty of Washington certain restraints 

 were by the municipal law imposed upon the British fishermen, the United States' 

 fishermen were, by -the express terms of the Treaty, equally subjected to those 

 restraints; and the obhgation to observe, in common with the British, the then exist- 

 ing local laws and regulations which is implied by the words "in common," attached 

 to the United States' citizens as soon as they claimed the benefit of the Treaty. 



That such was the view entertained by the Government of the United States during 

 the existence of the Reciprocity Treaty, under which United States' fishermen enjoy 

 precisely the same rights of fishing as they do now under the Treaty of Washington, 

 is proved conclusively by the Circular issued on the 28th March, 1856, to the Collector 

 of Customs at Boston, which so thoroughly expressed the views of Her Majesty's 

 Government on this point that I quote it here in extenso: 



"Me. Marcy to Mr. Peaslee 



" (Circular.) 



"Department of State, Washington, March 28, 1856 



"Sir, — ^It is understood that there are certain Acts of the British North American 

 Colonial Legislatures, and also, perhaps, executive regulations intended to prevent 

 the wanton destruction of the fish which frequent the coasts of the Colonies, and 

 injuries to the fishing thereon. It is deemed reasonable and desirable that both United 

 States' and British fishermen should pay a like respect to such laws and regulations, 

 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 enforced upon the citizens of the United States in the 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 civic 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 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 manner as you may deem most advisable. 



(Signed) "W.L. Marcy" 



I have the honour to inclose a copy of an Act passed by the Colonial Legislature of 

 Newfoundland, on the 27th March, 1862, for the protection of the herring and salmon 

 fisheries on the coast, and a copy of Cap. 102 of the Consolidated Statutes of New- 

 foundland, passed in 1872. The first section of the Act of 1862 prohibited the taking 

 of herrings with a seine between the 20th day of October and the 12th day of April, 



