CIRCULARS 477 



"15. No herrings shall be taken between the 15th of July and isth October in 

 any year, on the spawning ground at the southern head of Grand Manan, to commence 

 at the eastern part of Seal Cove, at a place known as Red Point; thence extending 

 westerly along the coast and around the southern head of Bradford's Cove, about five 

 miles, and extending one mile from the shore; all nets or engines used for catching 

 herring on the said ground within that period shall be seized and forfeited, and every 

 person engaged in using the same shall be guilty of a misdemeanor and punished 

 accordingly." 



[Mr. Marcy's "private note" mentioned in the foregoing letter appears above as 

 No. 129 under date 28th March, 1856. 



A copy of the "instruction" with Mr. Crampton's amendment written by 

 him in red ink (shown in the print in italics) is the document next hereinafter 

 printed. 



Mr. Marcy's altered instruction appears ante under date 28th March, 1856. Where 

 Mr. Crampton speaks of the passage ' which Mr. Marcy has substituted for that 

 which I suggested" he refers to the following words which were underlined by him 

 in the copy enclosed to the Earl of Clarendon: — 



"By granting the mutual use of the inshore fisheries neither party has yielded its right 

 to civil jurisdiction over a marine league along its coast. 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 citizens 

 of the United States within that jurisdiction as upon British subjects."] 



SECRETARY MARCY'S AMENDED CIRCULAR OF MARCH 28, 18S6 



Department of State, Washington, March 28, 1856' 



Sir, — It is understood that there are certain acts of the British North American 

 Colonial Legislature and also perhaps Executive Regulations intended to prevent the 

 wanton destruction of the fish which frequent the coast of the Colonies and injuries 

 to the fishing thereon. 



It is deemed reasonable and desirable that both United States and British fisher- 

 men 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 

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

 British subjects. 



American citizens would indeed, within British jurisdiction, be' liable equally with 

 British subjects to the penalties prescribed by-law for a willful infraction of such regulations, 

 but nevertheless should these 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 the Reciprocity Treaty, those injuriously affected by them will appeal to this 

 Government for redress; In prosecuting 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 state- 

 ment of any supposed grievance in the execution of such law or regulation, in order 

 that the matter may be arranged by the two Governments. 



'Appendix, British Case, p. 211. 



