476 APPENDIX 



enforced. This, the English Government has now, it would appear, consented to do, 

 and the immediate effect will be, the loss of the valuable fall-fishing to American 

 fishermen; a complete interruption of the extensive fishing business of New England, 

 attended by constant collisions of the most unpleasant and exciting character, which 

 may end in the destruction of human hfe, in the involvement of the Government in 

 questions of a very serious nature, threatening the peace of the two countries. Not 

 agreeing that the construction thus put upon the treaty is conformable to the intentions 

 of the Contracting Parties, this information is, however, made public, to the end 

 that those concerned in the American fisheries may perceive how the case at present 

 stands, and be upon their guard. The whole subject will engage the immediate 

 attention of the Government. ^^^^^ Webster, Secretary of State 



SECRETARY MARCY'S CIRCULAR ADDRESSED TO COLLECTORS OF 

 CUSTOMS, JULY 12, 1855 ^ 



Ch. H. Peaslee Esqee. 



Collector of the Customs, Boston 

 Circular Department of State, Washington, July 12, 1855 



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. There is nothing in the Reciprocity Treaty between 

 the United States and Great Britain which stipulates for the observance of these regu- 

 lations by our fishermen; yet; as it is presumed, they have been framed with a view 

 to prevent 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 proceedings accordingly. You 

 will make this recommendation known to the masters of such fishing vessels as belong 

 to your port, in such manner as you may deem most advisable. 



I am, etc., 

 (S) W. L. Mascy 



It is believed that the principal regulations referred to above are the following, 

 from the Revised Statutes of New Brunswick, Vol. I, Title 22, chap. loi: 



" 7. The Wardens of any county shall, when necessary, mark out and designate 

 in proper positions ' gurry grounds ' putting up notices thereof, describing their limits 

 and position, in the several school houses and other most public places in the parish 

 where the said gurry grounds are marked out, pubUshing the like notice in the ' Royal 

 Gazette'; and no person after such posting and publication shall cast overboard 

 from any boat or vessel the ofEal of fish into the waters at or near the said parish at 

 any place except the said gurry grounds. 



"12. Within the parishes of Grand Manan, West Isles, Campo Bello, Pennfield, 

 and St. George, in the County of Charlotte, no seine or net shall be set across the 

 mouth of any haven, river, creek, or harbour, nor in any place extending more than 

 one-third the distance across the same, or be within 40 fathoms of each other, nor 

 shall they be set within 20 fathoms of the shore at low water mark. 



■ Appendix, British Case, p. 267. 



