Patrick Rogers to the secretary of the admiralty, April 30, 1870

Mr. Rogers to the secretary of the admiralty.

Sir: In Mr. Secretary Cardwell’s letter to the lords commissioners of the admiralty of the 12th of April, 1866, it was stated that American vessels should not be seized for violating the Canadian fishing laws, “except after willful and persevering neglect of the warnings which they may have received; and in case it should become necessary to proceed to forfeiture, cases should, if possible, be selected for that extreme step in which the offense has been committed within three miles of land.”

The Canadian government has recently determined, with the concurrence of her Majesty’s ministers, to increase the stringency of the existing practice of dispensing with the warnings hitherto given and seizing at once any vessel detected in violating the law.

In view of this change and of the questions to which it may give rise, I am directed by Lord Granville to request that you will move their lordships to instruct the officers of her Majesty’s ships employed in the protection of the fisheries that they are not to seize any vessel unless it is evident and can be clearly proved that the offense of fishing has been committed, and the vessel itself captured within three miles of land.

I am, &c.,