DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 653 



from the said Cape Ray to the Quirpon Islands and on the shores of 

 the Magdalen Islands, and also on the coasts, bays, harbours and 

 creeks from Mount Joly, on the southern coast of Labrador, to and 

 through the Straits of Belle Isle, and thence northwardly indefinitely 

 along the coast, without prejudice, however, to any of the exclusive 

 rights of the Hudson's Bay Company; and that the American fisher- 

 men should have the liberty to dry and cure fish in any of the unset- 

 tled bays, harbours and creeks of the southern part of the coast of 

 Newfoundland above described, and of the coast of Labrador, subject 

 to non-interference with settlers. &c. 



And by the same article the United States renounced any liberty 

 " to take, dry or cure fish on or within 3 marine miles of any of the 

 coasts, bays, creeks or harbours of His Britannic Majesty's dominions 

 in America not included within the above-mentioned limits; provided, 

 however, that the American fishermen shall be admitted to enter 

 such bays or harbours for the purpose of shelter and of repairing 

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

 and for no other purpose whatever. But they shall be under such 

 restrictions as may be necessary to prevent their taking, drying or 

 curing fish therein, or in any manner whatever abusing the privileges 

 hereby reserved to them." 



The committee is of opinion, in view of this history and of the 

 plain language above quoted, that this article was intended to deal, 

 and did deal, only with the subject of the admission of American 

 fishermen within the territorial jurisdiction of His Britannic Maj- 

 esty, as defined by the public law of nations. 



The first question for consideration, then, is whether the preten- 

 sion that has been sometimes asserted by the Government of Great 

 Britain, that American fishing vessels or others have no right, except 

 at the pleasure of the British Government, to be in or to prosecute 

 lawful pursuits in the great arms of the sea extending between parts 

 of the mainland belonging to the British, and which are more than 

 6 marine miles broad, is well founded. 



The committee cannot doubt that any such pretension is ill 

 founded. It is plain that such a pretension is an invasion of the 

 principles of public law now almost universally recognised by all 

 civilised Powers, and one which it is believed, the British Govern- 

 ment would be indisposed to accede to when applied as against its 

 subjects. It would seem to be clear that by the universally recog- 

 nised public law among civilised nations, territorial jurisdiction of 

 every nation along the sea is limited to 3 marine miles from its coast-, 

 as they may happen to be, whether embracing long lines of open 

 coast or embracing great curvatures of sea-shore, which may, and 

 often do. almost surround vast bodies of the waters of the ocean. 

 The phase of the treaty, therefore, speaking of bays, creeks and har- 

 bours of His Britannic Majesty's dominions, must be understood 

 as being such bays, creeks and harbours as by the public law of 

 nations were and are within the territorial jurisdiction of the Brit- 

 ish Government. The committee is therefore clear in its opinion 

 that any pretension that exclusive British jurisdiction exists, either 

 by force of public law or of this treaty, within headlands embracing 

 such great bodies of^vater, and more than 6 marine miles broad, must 

 be quite untenable. 



