PERIOD FROM 1836 TO 1854. 463 



Cape Ray to the Quirpon islands; on the shores of the Magdalen 

 islands; and also on the coasts, bays, harbors and creeks from Mount 

 Jolv, on the southern coast of Labrador, to and through the straits 

 of Belleisle. and thence northwardly indefinitely along the coast, 

 without prejudice, however, to the exclusive rights of the Hudson 

 Bay Company. 2ndly. That the American fishermen shall also have 

 liberty forever to dry and cure fish in any part of the unsettled bays, 

 harbors and creeks of the southern portion of the coast of Newfound- 

 land before described, and of the coast of Labrador; the United 

 States renouncing any liberty before enjoyed by their citizens to 

 take fish within three marine miles of any coasts, bays, creeks or 

 harbors of the British dominions in America not included within the 

 above limits, i. e. Newfoundland and Labrador. And 3rdly. 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 purchasing wood and obtaining water, under such restric- 

 tions only as might be necessary to prevent their taking, drying or 

 niring fish therein, or abusing the privileges reserved to them." 

 Such are the stipulations of the treaty, and they are believed to be 

 too plain and explicit to leave room for doubt or misapprehension, 

 or render the discussion of the respective rights of the two countries 

 at this time necessary. Indeed it does not appear that any conflict- 

 ing questions of right between them have as yet arisen out of differ- 

 ences of opinion regarding the true intent and meaning of the treaty. 

 It appears, however, 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 legis- 

 lation,) difficulties, growing out of individual acts, have unfortu- 

 nately sprung up from time to time, among the most important of 

 which have been recent seizures of American vessels for supposed 

 violations of the treaty. These have been made, it is believed, under 

 color of a provincial law of G William IV., chapter 8, 1836, 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 coasts of 

 Newfoundland. 



1 1 also appears, from information recently received by the govern- 

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

 riv/lit to exclude the vessels of the United States from all their bays, 

 (even including those of Fundy and Chaleurs,) and likewise to pro- 

 hibit, their approach within three miles of a line drawn from head- 

 land to headland, instead of from the indents of the shores of the 

 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 mall suppose that they have remained a rea- 

 sonable time; and this without, a fidl examination of the circum- 

 inder which they may have entered the port. Now. the Gsher- 

 men of the United state i.eii<. v <. (and it would seem that they are right 

 in their opinion, if uniform practice is any evidence of correct con- 

 traction,) that they can with propriety take li b any where on the 

 coa I of the British province-; //" n<>t n> an r than, three marine miles 

 to la ml. and have the right t<> resort to their ports for shelter, wood 

 and water; nor has this claim, it is believed, ever been seriously dis- 

 puted, based as it is on the plain and obvious terms of the convention. 



