118 CASE OF GEEAT BEITAOT. 



1839. Lieutenant-Commanding Paine of the United States Navy 

 was sent to the British fishing grounds to observe British enforce- 

 ment of the limitations of the treaty. Upon returning, he reported 

 that the British authorities claimed (App., p. 121) 



to draw a line from headland to headland, the Americans not to 

 approach within 3 miles of the line ; 



and added that if the American contentions were upheld, it would be 

 difficult for the British to prevent American fishermen (App., p. 122) 



procuring articles of convenience, and particularly bait, from which 

 they are precluded by the convention. 



RECIPROCITY TREATY, 1854. 



1855-1866. During this period the reciprocity treaty of 1854 was 

 in operation. Under that treaty, the fisheries on the British North 

 American coasts and on the United States coasts north of the 36th 

 parallel of north latitude were open to the fishermen of both countries, 

 and the scheduled articles, which included fish of all kinds, were ad- 

 mitted into each country free of duty. During this period no re- 

 striction was placed on the purchase by fishermen of bait or other 

 articles for the purpose of their fishing operations. 



LICENSES, 1866-1870. 



1866-1870. The treaty of 1854 came to an end in 1866, but the fact 

 that the United States fishermen had enjoyed the privilege of fishing 

 on the non-treaty coasts for the preceding eleven years made its with- 

 drawal a matter of some difficulty, and not the less because negotia- 

 tions were on foot for renewal of the treaty. The British North 

 American provinces therefore sanctioned the continuation of this 

 privilege under a system of licenses, for which the fishermen were 



required to pay a small tonnage fee fifty cents in 1866; a 

 131 dollar in 1867; and two dollars in each of the two succeeding 



years. The same absence of restriction with regard to the 

 purchase of bait and other articles which had prevailed during the 

 continuation of the reciprocity treaty was continued to the holders 

 of such licenses. 



ENFORCEMENT, 1870-1871. 



1870-1871. Many of the United States fishermen having neglected 

 to take out licenses, the system was ended, and the exclusion from 

 all but the treaty rights recommended. The restrictions on the 

 purchase of bait and other traffic revived. Seizures were made; 

 and shortly prior to the making of a new treaty (1871) two decisions 

 were given which are of some historical importance. In one of them, 

 the " J. H. Nickerson," Sir William Young, Judge in Vice-Admiralty 



