PERIOD FROM 185-4 TO 1871. 601 



Article of a Convention of the 20th of October 1818, with various 

 Imperial and Colonial Acts enumerated in the margin of which the 

 operation had been suspended during the continuance of the Treaty 

 by the Imperial Act 18 & 19 Vict., cap. 3, sec. 1, or otherwise. 



The precise provisions of that Article will be seen by reference to 

 the Convention. Its general result is as follows: 



1. American fishermen may fish, " in common with the subjects of 

 Her Britannic Majesty," in certain specified parts of Newfoundland 

 and Labrador, and on the shores of the Magdalen Islands, with 

 liberty to dry and cure fish on the shores of certain of the unsettled — 

 or with the consent of the inhabitants of the settled bays, harbours, 

 and creeks of Newfoundland and Labrador. 



2. Except within the above limits American fishermen are not to 

 take, dry or cure fish on or within three miles of the coasts, bays, 

 creeks, and harbours of British North America. But they may enter 

 such bays and harbours for certain specified purposes under such 

 restrictions as may be necessary to prevent abuse by fishing or 

 otherwise. [See Note «.] 



I. With regard to Newfoundland and Labrador, the Convention 

 does but continue within certain geographical limits, and subject to 

 a qualification in respect to the curing of fish, the privileges which 

 have hitherto been exercised under the Reciprocity Treaty. It does 

 not, therefore, call for much observation. It is only requisite to say 

 that although the privilege of drying and curing fish on the Magda- 

 lene Islands is not expressly given to American fishermen, Her 

 Majesty's Government have no desire at present to exclude them from 

 it, nor to impose any narrow construction on the word "unsettled." 

 A bay containing a few isolated houses is not to be considered as 

 " settled," for the purpose of this clause of the Convention. 



On the other hand, naval officers should be aware that Americans 

 who exercise their right of fishing in Colonial waters in common with 

 subjects of Her Majesty, are also bound in common with those sub- 

 jects, to obey the law of the country, including such Colonial laws as 

 have been passed to insure the peaceable and profitable enjoyment 

 of the fisheries by all persons entitled thereto. 



The enforcement oi the Colonial Laws must be left, as far as the 

 exercise of rights on shore i- concerned, to the Colonial authorities, by 

 whom Her Majesty's Government desire they shall be enforced with 

 great forbearance, especially during; the present ea on. In all cases 

 they musl be enforced with much forbearance .- 1 1 1 < 1 consideration, and 

 they must uol be enforced at all by Imperial officers if they appear cal 

 culated to place the Americans ;i< a disadvantage in comparison with 

 British fishermen in water which, by the Treaty of L818, arc opened 

 to vessels of the United States. On the cont rary, i heir unequal opera 

 tion should, in thi . be reported to their Lordships, a copy of 



• The laws and order In council enumerated below, Inclo ed with Appendls a, 

 may be found ;it the pngea Indicated: 

 L Convention of Oct 20, i B -. page 24. 



George n i. Cap. 88 < Imperial Act i. page 1 12. 

 B. Nova Scotia Act, Rev. Btats. chap. W 128. 



4. New Brunswick Act, 18 Vict Cap. 89, page 126. 



5. Prince Edward's Island \<i. 8 \ let. Cap. i i. page 128. 



6. Order In Council, (Imperial) Sept. 8, ll ii. page 182. 



