DESPATCHES, REPORTS^ CORRESPONDENCE, ETC. 525 



action upon it, might find itself hampered by the letter from giving 

 effect to the intent, that would not be decisive of the present case. 



The interpretation of Treaties between nations in their intercourse 

 with each other proceeds upon broader and higher considerations. 

 The question is not what is the technical effect of the words, but 

 what is the construction most consonant to the dignity, the just inter- 

 ests, and the friendly relations of the sovereign Powers. I submit 

 to your Lordship that a construction so harsh, so unfriendly, so un- 

 necessary, and so irritating as that set up by the Canadian authorities 

 is not such as Her Majesty's Government has been accustomed either 

 to accord or to submit to. It would find no precedent in the history 

 of British diplomacy, and no provocation in any action or assertion 

 of the Government of the United States. 



These views derive great if not conclusive force from the action of 

 the British Parliament on the subject, adopted very soon after the 

 Treaty of 1818 took effect, and continued without change to the 

 present time. An Act of Parliament (59 Geo. Ill, cap. 38) was 

 passed on the 14th June, 1819, to provide for carrying into effect the 

 provisions of the Treaty. After reciting the terms of the Treaty, it 

 enacts (in substance) that it shall be lawful for His Majesty, by 

 Orders in Council, to make such regulations and to give such direc- 

 tions, orders, and instructions to the Governor of Newfoundland, 

 or to any officer or officers in that station, or to any other persons, " as 

 shall or may be from time to time deemed proper and necessary for 

 the carrying into effect the purposes of said convention with relation 

 to the taking, drying, and curing of fish by inhabitants of the United 

 States of America, in common with British subjects, within the limits 

 set forth in the aforesaid Convention." 



It further enacts that any foreign vessel engaged in fishing or 

 preparing to fish within three marine miles of the coast (not author- 

 ized to do so by Treaty) shall be seized or forfeited upon prosecution 

 in the proper Court. 



It further provides as follows: 



That it shall and may be lawful for any fisherman of the said United States 

 to enter into any snch bays or harbours of His Britannic Majesty's 

 314 dominions in America as are last mentioned, for the purpose of shelter 

 and repairing damages therein, and of purchasing wood and of obtaining 

 water, and for no other purpose whatever ; subject, nevertheless, to such re- 

 strictions as may be necessary to prevent such fishermen of the said United 

 States from taking, drying, or curing fish in the said bays or harbours, or in any 

 other manner whatever abusing the said privileges by the said Treaty and this 

 Act reserved to them, and as shall for that purpose be imposed by any Order 

 or Orders to be from time to time made by His Majesty in Council under the 

 flnthority of this Act; and by any regulations which shall be issued by the 

 Governor, or person exercising the office of Governor, in any such parts of His 

 Majesty's dominions in America, under or in pursuance of any such Order iri 

 Council as aforesaid. 



It further enacts as follows: 



That if any person or persons, upon requisition made by the Governor of 

 Newfoundland, or the person exercising the office of Governor, or by any Gov- 

 ernor or person exercising the office of Governor in any other parts of His 

 Majesty's dominions in America, as aforesaid, or by any officer or officers act- 

 ing under such Governor or person exercising the office of Governor, in the 

 execution of any orders or instructions from His Majesty in Council, shall refuse 

 to depart from such bays or harbours; or if any person or persons shall refuse 

 or neglect to conform to any regulations or directions which shall be made or 

 given for the execution of any of the purposes of this Act ; every such person 

 so refusing, or otherwise offending against this Act shall forfeit the sum of 

 200, to be recovered, &c. 



