APPENDIX 393 



act for regulating the fishing on the coast of Northumber- 

 land (1799) contains very elaborate dispositions concern- 

 ing the fisheries in the bay of Miramichi which were con- 

 tinued in 1823, 1829 and 1834. The statutes of Lower 

 Canada, 1788 and 1807, forbid the throwing overboard 

 of offal. The fact that these acts extend the prohibition 

 over a greater distance than the first marine league from 

 the shore may make them nonoperative against foreigners 

 without the territorial limits of Great Britain, but is cer- 

 tainly no reason to deny their obligatory character for 

 foreigners within these limits; 



(h) Because the fact that Great Britain rarely exer- 

 cised the right of regulation in the period immediately 

 succeeding 1818 is to be explained by various circum- 

 stances and is not evidence of the non-existence of the 

 right ; 



(i) Because the words "in common with British sub- 

 jects' tend to confirm the opinion that the inhabitants of 

 the United States were admitted to a regulated fishery; 



(j) Because the statute of Great Britain, 1819, which 

 gives legislative sanction to the Treaty of 1818, provides 

 for the making of ' ' regulations with relation to the taking, 

 drying and curing of fish by inhabitants of the United 

 States in 'common.' 



For the purpose of such proof, it is further contended 

 by the United States, in this latter connection : 



(4) That the words "in common with British subjects' 

 used in the Treaty should not be held as im- 

 porting a common subjection to regulation, but 

 as intending to negative a possible pretention on 

 the part of the inhabitants of the United States 

 to liberties of fishery exclusive of the right of 

 British subjects to fish. 



