the Governor General, which paragraph is in the following language, to wit: That the system of granting fishing license to foreign vessels, under the act 31 Vic., cap. 61, be discontinued, and that henceforth all foreign fishermen be prevented from fishing in the waters of Canada. The words underscored seem to contemplate an interference with rights guaranteed to the United States under the first article of the treaty of 1818, which secures to American fishermen the right of fishing in certain waters which are understood to be claimed at present as belonging to Canada. I have the honor to be, with the highest consideration, No. 253. Mr. Thornton to Mr. Fish. WASHINGTON, April 22, 1870. SIR: I have the honor to acknowledge the receipt of your note of yesterday's date, in which you call my attention to the first paragraph of the Canadian order of council of the 8th of January last, relative to the Canadian fisheries. I am forwarding a copy of your note to the Governor General of Canada; but, in the mean time, I beg you will allow me to express my conviction that there was not the slightest intention, in issuing the above-mentioned order, to abridge citizens of the United States of any of the rights to which they are entitled by the treaty of October 20, 1818, and which are tacitly acknowledged in the Canadian law of May 22, 1868, a copy of which I had the honor to forward to you in my note of the 14th instant. EDWARD THORNTON. No. 254. Circular relating to Canadian in-shore fisheries. TREASURY DEPARTMENT, SIR: In compliance with the request of the Secretary of State, you are hereby authorized and directed to inform all masters of fishing vessels, at the time of clearance from your port, that the authorities of the Dominion of Canada have terminated the system of granting fishing licenses to foreign vessels, under which they have heretofore been permitted to fish within the maritime jurisdiction of the said Dominion, that is to say, within three marine miles of the shores thereof; and that all fishermen of the United States are prohibited from the use of such in-shore fisheries, except so far as stipulated in the first article of the treaty of October 20, 1818, between the United States and Great Britain, in virtue of which the fishermen of the United States have, in common with the subjects of her Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Ramean Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quir pon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbors, and creeks, from Mount Joly, which was, when the treaty was signed, on the southern coast of Labrador, to and through the straits of Belle Isle, and thence northwardly, indefinitely along the coast, without prejudice, however, to any exclusive rights of the Hud son's Bay Company; and have also liberty forever to dry and cure fish in any of the unsettled bays, harbors, and creeks of the southern part of the coast of Newfoundland, above described, and of the coast of Labrador, unless the same or any portion thereof be settled, in which case it is not lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhab itants, proprietors, or possessors of the ground; and also, are admitted to enter any other bays or harbors for the purpose of shelter and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever, subject to such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges reserved to them as above expressed. The Canadian law of the 22d of May, 1868, 31 Victoria, cap. 61, entitled "An act respecting fishing by foreign vessels," among other things, enacts that any commissioned officer of her Majesty's navy, serving on board of any vessel of her Majesty's navy, cruising and being in the waters of Canada for purpose of affording protection to her Majesty's subjects engaged in the fisheries; or any commissioned officer of her Majesty's navy, fishery officer, or stipendiary magistrate on board of any vessel belonging to or in the service of the government of Canada, and employed in the service of protecting the fisheries, or any officer of the customs of Canada, sheriff, magistrate, or other person duly com missioned for that purpose, may go on board of any ship, vessel, or boat within any harbor in Canada, or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors in Canada, and stay on board so long as she may remain within such place or distance. It also provides, that if such ship, vessel, or boat be bound elsewhere, and shall continue within such harbor or so hovering for twenty-four hours after the master shall have been required to depart, any one of such officers or persons as are above mentioned may bring such ship, vessel, or boat into port and search her cargo, and may also examine the master upon oath touching the cargo and voyage, and if the master or person in command shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel, or boat be foreign, or not navigated according to the laws of the United Kingdom or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors of Canada, not included within the above-mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, under the first section of this act, such ship, vessel, or boat, and the tackle, rigging, apparel, furni ture, stores, and cargo thereof, shall be forfeited; and that all goods, ships, vessels, and boats, and the tackle, rigging, apparel, furniture, stores, and cargo liable to forfeiture under this act, may be seized and secured by any officers or persons mentioned in the second section of this act; and every person opposing any officer or person in the execution of his duty under this act, or aiding or abetting any other person in any opposition, shall forfeit eight hundred dollars, and shall be guilty of a misdemeanor, and upon conviction be liable to imprison ment for a term not exceeding two years. On the 8th of January, 1870, the Governor General of the Dominion of Canada, in council, ordered that suitable sailing vessels, similar to "La Canadienne," be chartered and equipped for the service of protecting the Canadian in-shore fisheries against illegal encroachments by foreigners, these vessels to be connected with the police force of Canada, and to form a marine branch of the same. It is understood that, by a change of the boundaries between Canada and Labrador, the Canadian territory now includes Mount Joly and a portion of the shore to the east thereof, which in the treaty of 1818 was described as the southern coast of Labrador. This municipal change of boundary does not, however, interfere with the rights of American fishermen, as defined by the treaty, on that portion of what was the southern coast of Labrador, east of Mount Joly. Very respectfully, GEO. S. BOUTWELL, No. 255. Secretary. Mr. Thornton to Mr. Davis. WASHINGTON, May 18, 1870. SIR: With reference to the note dated the 21st ultimo, which I had the honor to receive from the Secretary of State, relative to the Canadian order in council of the 8th of January last, discontinuing the system of fishing licenses, I now inclose copy of a dispatch from the Governor General of Canada, forwarding copy of a minute of the privy council of the Dominion, which I trust will be satisfactory to the Secretary of State. Sir John Young to Mr. Thornton. OTTAWA, May 14, 1870. SIR: With reference to your dispatch No. 13, of April 22, 1870, I have now the honor to forward herewith a copy of a minute of the privy council of the Dominion, covering a report of the minister of marine on the subject of the order in council of the 8th of January last. These papers will place you in possession of the views of the Dominion government on the points alluded to in your dispatch. Report of the committee of the honorable the privy council, approved by his excellency the Governor General, on the 10th day of May, 1870. The committee of council have had before them the dispatch dated 22d April, 1870, from her Majesty's minister at Washington, inclosing copy of a note which he received from Mr. Fish, in which he invites his attention to the first paragraph of the order in council of the 8th of January last, discontinuing the system of fishing licenses, and stating that Mr. Fish also made a verbal communication to him upon the same subject, and said that the phrase "waters of Canada" might be supposed to include some of those waters in which, by the treaty of 1818, American fishermen have a right to fish, but which, by an extension of the boundaries of Canada, may now be comprised within the "waters of Canada." Mr. Thornton states that he assured Mr. Fish of his conviction that the above-mentioned order in council has no intention of abridging any of the rights to which citizens of the United States are entitled by the treaty of 1818, and that he would call your excellency's attention to the subject. The committee have also had under consideration the annexed report, dated 28th April, 1870, from the honorable the minister of marine and fisheries, to whom the above dispatch was referred, and they entirely concur in the views expressed in that report, and advise that a copy thereof be transmitted by your excellency to Mr. Thornton, for the information of the United States Government. Certified: WILLIAM H. LEE, Clerk Privy Council. DEPARTMENT OF MARINE AND FISHERIES, The minister of marine and fisheries has the honor to state, with reference to Mr. Thornton's dispatch of the 22d instant, accompanied by a note from Mr. Secretary Fish, in which the latter calls attention to the first paragraph of the order in council of th January last, and expresses his apprehension of interference with certain fishing rights guaranteed to the United States by article one of the convention of 1818, that the wording of the minute of council referred to clearly shows, by providing for the prevention of "illegal encroachment by foreigners" on the in-shore fisheries of Canada, that the Canadian government never contemplated any interference with rights secured to United States citizens by the treaty in question between the British and American governments. Mr. Thornton was therefore quite right in assuring Mr. Fish, in general terms, that there could be no intention to abridge any rights to which citizens of the United States art entitled by treaty. The undersigned remarks that Mr. Fish also labors under a misapprehension in supposing that the present boundaries of the Dominion comprise any fishing grounds affected by the existing treaty stipulations to which Mr. Fish's note refers, which were not formerly within the bounds of the old province of Canada. With regard to the general effect of the first paragraph of the order in council of 8th January last, quoted at length, and underlined in Mr. Fish's note, the undersigned would further observe that the act relating to fishing, by foreign vessels, under the authority of which licenses were issued to United States fishermen, applied to all foreigners; and as the discontinuance of the license system which had existed under it applies also to other foreign vessels and fishermen frequenting our coasts, and who are not entitled to fish anywhere in the waters of Canada, the terms of such formal discontinuance were necessarily general, and in any case they could apply only to those waters within which our "in-shore fisheries" are situated, and in which neither American nor other foreign subjects have any legal right to fish. The whole respectfully submitted. P. MITCHELL, Minister of Marine and Fisheries. No. 256. Mr. Thornton to Mr. Davis. WASHINGTON, May 20, 1870. SIR With reference to my note of the 14th ultimo to the Secretary of State, in which I forwarded to him a copy of the Canadian act respecting fishing by foreign vessels, of the 22d of May, 1868, I have now the honor to inclose a further law of the 12th instant, repealing the third section of the above-mentioned act. AN ACT to amend an act respecting fishing by foreign vessels. (Assented to May 12, 1870.) Whereas it is expedient, for the more effectual protection of the in-shore fisheries of Canada against intrusion by foreigners, to amend the act intituled "An act respecting fishing by foreign vessels," passed in the thirty-first year of her Majesty's reign; there fore, her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows: 1. The third section of the above-cited act shall be, and is hereby, repealed, and the following section is enacted in its stead: "3. Any one of such officers or persons as are above mentioned may bring any ship, vessel, or boat, being within any harbor in Canada or hovering (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors in Canada, into port, and search her cargo; and may also examine the master, upon oath, touching the cargo and voyage; and if the master, or person in command, shall not truly answer the questions put to him in such examination, he shall forfeit four hundred dollars; and if such ship, vessel, or boat be foreign, or not navigated according to the laws of the United Kingdom, or of Canada, and have been found fishing, or preparing to fish, or to have been fishing (in British waters) within three marine miles of any of the coasts, bays, creeks, or harbors of Canada, not included within the above-mentioned limits, without a license, or after the expiration of the period named in the last license granted to such ship, vessel, or boat, under the first section of this act, such ship, vessel, or boat, and the tackle, rigging, apparel, furniture, stores, and cargo thereof, shall be forfeited." 2. This act shall be construed as one with the said act "respecting fishing by foreign vessels." No. 257. Mr. Thornton to Mr. Fish. WASHINGTON, May 26, 1870. (Received May 27.) SIR: In compliance with instructions which I have received from the Earl of Clarendon, I have the honor to inclose, for the information of the Government of the United States, copies of letters which have been addressed by the admiralty to Vice-Admiral George G. Wellesley, commanding her Majesty's naval forces on the North America and West Indies station, and of a letter from the colonial department to the foreign office, from which you will see the nature of the instructions to be given to her Majesty's and the Canadian officers, who will be employed in maintaining order at the fisheries in the neighborhood of the coasts of Canada. EDW'D THORNTON. Mr. Wolley to Vice-Admiral Wellesley. ADMIRALTY, April 9, 1870. SIR: I am commanded by my lords commissioners of the admiralty to transmit for your information and guidance the inclosed copies of Foreign Office letters, dated 2d, 7th, and 9th instant, referring to the resolution of the House of Representatives at Washington, in regard to the intention of the government of the Dominion of Canada to suspend the licenses to foreign vessels for the in-shore fisheries on the coasts of the Dominion. My lords desire that you will detach a sufficient force to Canadian waters to protect Canadian fishermen, and to maintain order, and you are to instruct the senior officer of such force to cooperate cordially with any United States force sent on the same service. I am, &c., THOMAS WOLLEY. P. S.-The following telegram has been sent this day to her Britannic Majesty's consul at New York: “Please to communicate the following instructions to the senior naval officers at Halifax and Bermuda by first opportunity: "Admiral Wellesley to make preparations at once for sending vessels to protect Canadian fisheries in concert with United States naval authorities. Instructions sent to Halifax by to-day's post." Mr. Lushington to Mr. Hammond. ADMIRALTY, May 9, 1870. SIR: In reply to your letter of this day requesting that copies of the recent instructions given to Vice-Admiral Wellesley for the protection of the Canadian fisheries may |