626 THE SOVEREIGNTY OF THE SEA 



coasts and in the bays, harbours, and creeks of the other, with- 

 out any restriction as to distance from the shore, in Canada, 

 New Brunswick, Nova Scotia, and Prince Edward's Island, 

 and on the eastern coast of the United States north of the 

 36th desree of north latitude. On each side salmon and 



o 



shad fisheries, and the fisheries in rivers and the mouths of 

 rivers, were reserved. 1 This treaty was to endure for ten 

 3^ears, and it was terminated by the United States and came 

 to an end on 17th March 1866, when, in consequence, the 

 provisions of the treaty of 1818 again came into force. The 

 British Government, however, being very desirous to prevent, 

 as far as possible, the loss to the citizens of the United States 

 by a sudden withdrawal of the privileges which they had 

 enjoyed for twelve years, decided to allow American fishermen 

 to continue to fish in all provincial waters upon the payment 

 of a small fee. 2 From the neglect of American fishermen to 

 obtain the licenses, the fee for which had been raised from 

 fifty cents to two dollars per ton, the system was discontinued 

 in 1870, and orders were given -to British cruisers to exclude 

 American vessels from fishing in territorial waters, and several 

 of them were seized and forfeited. The Canadian Minister 

 of Marine and Fisheries issued instructions, in May 1870, for 



1 Treaty between Her Majesty and the United States of America, signed at 

 Washington, 1st June 1854, Art. L, ii. I. " It is agreed by the high contracting 

 parties that in addition to the liberty secured to the United States' fishermen by 

 the above-mentioned convention of October 20, 1818, of taking, curing, and drying 

 tish on certain coasts of the British North American Colonies therein defined, the 

 inhabitants of the United States shall have, in common with the subjects of Her 

 Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the 

 sea coasts and shores, and in the bays, harbours, and creeks of Canada, New 

 Brunswick, Nova Scotia, Prince Edward's Island, and of the several islands there- 

 unto adjacent, without being restricted to any distance from the shore, with 

 permission to land upon the coasts and shores of those Colonies and the islands 

 thereof, and also upon the Magdalen Islands, for the purpose of drying their nets 

 and curing their fish ; provided that, in so doing, they do not interfere with the 

 rights of private property, or with British fishermen, in the peaceable use of any 

 part of the said coast in their occupancy for the same purpose." The second article 

 accorded to Canadian fishermen similar privileges in the waters of the United 

 States, north of 36 degrees N. latitude. 



2 Before this arrangement was made, the British Government, on 12th April 1866, 

 instructed the Admiralty " that American fishermen should not be interfered with, 

 either by notice or otherwise, unless they are found within three miles of a line 

 drawn across the mouth of a bay or creek, which is less than ten geographical 

 miles in width, in conformity with the arrangement made with France in 1839.' 



