PEEIOD FROM 1836 TO 1854. 509 



" The colony of Nova Scotia has now four armed cruisers, well 

 manned, on its coasts, read} 7 to pounce upon any American vessels 

 who may, accidently or otherwise, be found fishing within the limits 

 defined bv the crown officers of England. 



" New Brunswick has agreed with Canada and Nova Scotia to 

 place a cutter in the Bay of Fundy to look after American fishermen 

 there; and at Prince Edward Island, Her Majesty's steam frigate 

 Devastation has been placed under the instructions of the governor 

 of that colony." 



The first article of the Convention between the United States and 

 Great Britain of the 20th of October, 1818, is in these words: 



Whereas, differences have arisen respecting the liberty claimed by 

 the United States for the inhabitants thereof to take, dry, and cure 

 fish on certain coasts, bays, harbors, and creeks of His Britannic 

 Majesty's dominions in America, it is agreed between the high con- 

 tracting parties that the inhabitants of the said United States shall 

 have, forever, in common with the subjects of His Britannic Majesty, 

 the liberty to take fish of every kind on that part of the southern 

 coast of Newfoundland which extends from Cape Ray to the Rameau 

 Islands, on the western and northern coast of said Newfoundland, 

 from the said Cape Ray to the Quirpon Islands, on the shores of 

 the Magdalen Islands; and also on the coasts, bays, harbors, and 

 creeks from Mount Joly, on the southern coast of Labrador, to and 

 through the straits of Belleisle, and thence northwardly indefinitely 

 along the coast, without prejudice, however, to any of the exclusive 

 rights of the Hudson's Bay Company; and that the American fish- 

 ermen shall also have liberty, forever, to dry and cure fish in any of 

 the unsettled bays, harbors, and creeks of the southern part of the 

 coast of Newfoundland, hereabove described, and of the coast of 

 Labrador; but so soon as the same or any portion thereof shall be 

 settled, it shall not be lawful for the said fishermen to dry or cure 

 fish at such portion so settled, without previous agreement for such 

 purpose, with the inhabitants, proprietors, or possessors of the 

 ground. And the United States hereby renounce, forever, any lib- 

 erty heretofore enjoyed or claimed by the inhabitants thereof, to 

 take, dry, or cure fish on or within three marine miles of any of the 

 coasts, bays, creeks, or harbors, of His Britannic Majesty's domin- 

 ions in America, not included within the above-mentioned limits. 

 Provided, however, that tin' American fishermen shall be admitted 

 to enter Buch bays or harbors, for the purpose of shelter, and re- 

 pairing damage therein, of purchasing wood and obtaining water, 

 and for no other purpose whatever. But they shall be under such 

 restrictions as may he accessary to prevent their taking, drying, 

 or curing fish therein, or in any other manner whatever abusing the 

 privileges hereby reserved to them. 



It would appear that by a Btrid and rigid construction of this 

 artielc. fishing ve eh of tin' United States are precluded from enter- 

 ing into the bays or harbors of the British provinces, except for 

 the purposes of shelter, repairing damage . ana obtaining wood and 

 water. A bay, as is usually under tood, is an arm or recess of the 

 sea, entering from the ocean between capes or headlands; and the 

 term is applied equally to -mall and large tracts of water thus situ- 



