372 APPENDIX TO BRITISH CASE. 



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 lib- 

 erty 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 re- 

 strictions as may be necessary to prevent abuse by fishing or otherwise. 



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 Magdalen 

 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 ensure the peaceable and profitable enjoyment 



of the fisheries by all persons entitled thereto. 



222 The enforcement of the Colonial laws must be left as far as 



the exercise of rights on shore is concerned, to the Colonial 

 authorities, by whom Her Majesty's Government desire they shall 

 be enforced with great forebearance especially during the present 

 season. In all cases they must be enforced with much forebearance 

 and consideration, and they must not be enforced at all by Imperial 

 officers if they appear calculated to place the Americans at a disad- 

 vantage in comparison with British fishermen in the waters which. 

 by the Treaty of 1818, are opened to vessels of the United States. 

 On the contrary, their unequal operation should, in this case, be 

 reported to their Lordships, a copy of the Report being at the same 

 time sent to the Governor of the Colony. 



II. Fulley explanation is necessary respecting that part of the 

 Convention by which the United States renounce the right of fishing. 

 except within the permitted limits " on or within three miles of 

 any of the coasts, bays, creeks, or harbours" of British North 

 America, and are forbidden to enter such bays or harbours, except 

 for certain defined purposes. 



The Act of Parliament (59 Geo. Ill, cap. 38), already mentioned, 

 subjects to forfeiture any foreign vessel which is found fishing, or 

 having fished, or preparing to fish, within the prohibited limits, 

 and authorises the enforcement of this forfeiture by the like means 

 and in the same Courts as may be resorted to under any Act of 



