DESPATCHES, KEPORTS, CORRESPONDENCE, ETC. 537 



back upon the Convention of 1818, the provisions of which she is now 

 enforcing and will enforce in no punitive or hostile spirit, as Mr. 

 Bayard supposes, but solely in protection of her fisheries, and in 

 vindication of the right secured to her by Treaty. 



Mr. Bayard suggests that "the Treaty of 1818 was between twa 

 nations, the United States of America and Great Britain, who, as. 

 the contracting parties, can alone apply authoritative interpretation 

 thereto, and enforce the provisions by appropriate legislation." 



As it may be inferred from this statement that the right of the 



Parliament of Canada to make enactments for the protection 



321 of the fisheries of the Dominion, and the power of the Canadian 



officers to protect those fisheries, are questioned, it may be well 



to state at the outset the grounds upon which it is conceived by the 



undersigned that the jurisdiction in question is clear beyond a doubt. 



(1.) In the first place the undersigned would ask it to be remem- 

 bered that the extent of the jurisdiction of the Parliament of Canada 

 is not limited (nor was that of the provinces before the Union) to 

 the sea coast, but extends for three marine miles from the shore as 

 to all matters over which any legislative authority can in any country 

 be exercised within that space. The legislation which has been adopted 

 on this subject by the Parliament of Canada (and previously to Con- 

 federation by the Provinces) does not reach beyond that limit. It 

 may be assumed that in the absence of any Treaty stipulation to the 

 contrary this right is so well recognized and established by both 

 British and American law, that the grounds on Avhich it is supported 

 need not be stated here at large. The undersigned will merely add, 

 therefore, to this statement of the position, that so far from the 

 right being limited by the Convention of 1818 that Convention ex- 

 pressly recognizes it. 



After renouncing the liberty to " take, cure or dry fish on or within 

 three marine miles of any of the coasts, bays, creeks or harbors of His 

 Majesty's dominions in America," there is a stipulation that while 

 American fishing vessels shall be admitted to enter such bays, &c.> 

 " for the purpose of shelter and of repairing damages therein, of pur- 

 chasing wood and of obtaining water," they shall be under such re- 

 strictions as may be necessary to prevent their taking, curing or dry- 

 ing fish therein, or in any other manner whatever abusing the privi- 

 leges reserved to them. 



(2.) "Appropriate legislation " on this subject was, in the first in- 

 stance, adopted by the Parliament of the United Kingdom. The Im- 

 perial Statute 59 George III., chap. 38, was enacted in the year follow- 

 ing the Convention in order to give that Convention force and effect. 

 That statute declared that except for the purposes before specified it 

 should " not be lawful for any person or persons, not being a natural 

 born subject of His Majesty, in any foreign ship, vessel or boat, nor 

 for any person in any ship, vessel or boat, other than such as shall be 

 navigated according to the laws of the United Kingdom of Great 

 Britain and Ireland, to fish for, or to take, dry or cure any fish of any 

 kind whatever within three marine miles of any coasts, bays, creeks 

 or harbors whatever in any part of His Majesty's dominions in 

 America, not included within the limits specified and described in the 

 first Article of the said Convention, and that if such foreign ship, 

 vessel or boat or any persons on board thereof, shall be found fishing, 

 or to have been fishing, or preparing to fish within such distance of 

 such coasts, bays, creeks or harbors within such parts of His Majesty's 



