226 



northwardly indefinitely along the coast, without prejudice, however, 

 to the exclusive rights of the Hudson Bay Company. 



"2d. That the Americans shall also have libert}-, forever, to dry and 

 cure fish in any part of the unsettled baj^s, harbors, and creeks, of the 

 southern portion of the coast of Newfoundland before described, and 

 of the coast of Labrador, the United States renouncing any liberty be- 

 fore enjoyed by their citizens to take the fish within three miles of any 

 coasts, bays, creeks, or harbors of the British dominions in America, 

 not included within the above limits, i. e., Newfoundland and Labra- 

 dor. 



"3d. That American fishermen shall also be admitted to enter such 

 bays or harbors for the purpose of shelter, and of repairing damages 

 therein, and also of purcliasing wood and obtaining water, under such 

 restrictions only as might be necessary to jprcveiit their taking, drying or 

 curing fish therein, or abusing (he jprivileges reserved to tliem. Such are the 

 stipuhitions of the treaty, and they are believed to be too plain and 

 explicit to leave room for doubt or misapprehension, or render the dis- 

 cussion of the respective rights of the two countries at this time neces- 

 sary. Indeed, it does not appear that any confiicting question of right 

 between them has as yet arisen out of the differences of opinion re- 

 garding the true intent and meaning of the treaty. It appears, how- 

 ever, that in the actual application of the provisions of the convention, 

 (committed on the part of Great Britain to the hands of subordinate 

 agents, subject to and controlled by local legislation,) difficulties, grow- 

 ing out of individual acts, have unfortunately sprung up, among the 

 most important of which have been recent seizures of American ves- 

 sels for supposed violations of the treaty. These have been made, it 

 is believed, under color of a provincial law, (Gth Wm. 4, chap. S, 1S36,) 

 passed, doubtless, with a view to restrict vigorously, if not intended to 

 aim a fatal blow at the fisheries of the United States on the coast of 

 Newfoundland. 



"It also appears, from information recently received by the govern- 

 ment of the United States, that the provincial authorities assume a right 

 to exclude the vessels of the United States from all their bays, (even 

 including those of Fundy and Chaleur,) and likewise to prohibit their 

 approach within three miles of a line drawn from headland to headland, 

 instead of from the indents of the shores oi \he, provinces! They also 

 assert the right of excluding them from British ports, unless in actual 

 distress, warning them to depart or get under weigh and leave harbor 

 whenever the provincial custom-house or British naval officer shall sup- 

 pose that they have remained there a reasonable time, and this without 

 a full examination of the circumstances under which they may have 

 entered the poit. Now, the fishermen of the United States believe (if 

 uniforn! practice is any evidence of correct construction) that they can, 

 with propriet}^, take fish anywhere on the coasts of the British prov- 

 inces, if not nearer than three maiine miles to land, and have the right to 

 their ports for shelter, wood and water; nor has this claim, it is be- 

 lieved, ever been seriously disputed, based, as it is, on the plain and 

 obvious terms of the convention. Indeed, the main object of the 

 treaty was riot only to secure to American fishermon, in the pursuit of 

 their employment, the right o'i fishing, but likewise to insure him as 



