378 APPENDIX TO BRITISH CASE. 



that no such question could arise here the vessels in question are 

 alleged to be purely fishing vessels fitted out as such, and calling 

 into the ports referred to for the purposes of supplying themselves 

 with salt, barrels, stores and provisions for the prosecuion a of a 

 fishery business, and for landing and storing their catch from time 

 to time, and alleging that they do not want a licence to fish as they 

 do not intend to fish within the three miles limit, avowing themselves 

 fishermen: but at the same time declaring that they do not con- 

 template fishing within the limits. This class of vessels, have no right 

 to enter our ports for other purposes than those of shelter, repairing 

 damages, purchasing wood, and obtaining water. 



Citizens of the United States have no right conceded them by the 

 Treaty of 1818, to navigate or use the passage or Strait of Canso, and 

 the Queen's Advocate General and Her Majesty's Attorney General 

 of England in 1841, gave the following opinion upon this point: 



We are of opinion that independently of treaty, no foreign country has the 

 right to use or navigate the passage of Canso ; and attending to the terms of 

 the Convention relating to the rights of fishing to be enjoyed by the American 

 citizen, we are also of opinion that that Convention did not either expressly 

 or by necessary implication concede any such right of using or navigating the 

 passage in question. We are also of opinion that casting bait to lure fish in 

 the track of any American vessel navigating the passage would constitute a 

 fishing within the negative terms of the Convention. 



I would also notice that a letter from the Hon. Edward Cardwell, 

 the Secretary of State for the Colonies to the Lords of the Admiralty, 

 under date 12th April, 1866, in relation to this question of the 

 Fisheries, states : 



The determination of the Reciprocity Treaty, concluded in 1854, between 

 Great Britain and the United States, renews the first article of the Convention 

 of the 20th of October, 1818, with various Imperial and Colonial Acts enu- 

 merated in the margin, of which the operation had been suspended during the 

 continuance of the treaty by the Imperial Act 18 and 19 Vic. Cap. 3, Sec. 1, or 

 otherwise. 



The letter referred to goes on to state, amongst other things, that 

 except within certain limits named, 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 other- 

 wise; but are forbidden to enter such bays or harbours except for 

 certain de-fined purposes. The letter further states, after referring 

 to Act of Geo. Ill, and the Merchant Shipping Act, that more ex- 

 tended powers are conferred by the Local Acts of Nova Scotia, Xew 

 Brunswick and Prince Edward Island on certain officers, sufficient 

 to bring into port any foreign vessel which continues within these 

 waters for twenty-four hours after notice to quit them, and in case 

 she shall have been engaged in fishing to prosecute her to condemna- 

 tion. It further refers to the wish of Her Majesty's Government, in 

 reference to treatment of American fishermen, in connection with a 

 question of bays and headlands, and that they should not be inter- 

 fered with, unless found within three miles of the shore; but if 

 found within these limits, should receive the notice to depart, which 

 is contemplated by the laws of Nova Scotia, New Brunswick or Prince 



Qy. prosecution. 



