DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 655 



of the United States should have the right to fish inshore under cer- 

 tain limitations therein stated. This last treaty was terminated 

 through the action of the United States on the 1st day of July, 1885, 

 and the 1st article of the treaty of 1818 again came into operation. 



Concluding, then, from what has been before stated, that there is 

 no serious difficulty in respect of the question where American fish- 

 ermen can carry on their operations, it would seem to be easy to 

 know precisely what our fishermen may and may not do in the ter- 

 ritorial waters adjacent to the British dominions. 



What they may do may be stated as follows : 



1. They have the liberty to take fish " on that part of the southern 

 coast of Newfoundland which extends from Cape Ray to the Rameau 

 Islands." 



2. They have the right to take fish "on the western and northern 

 coast of Newfoundland from the said Cape Ray to the Quirpon 

 Islands." 



3. Also " on the shores of the Magdalen Islands." 



4. 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," subject to 

 any exclusive rights of the Hudson Bay Company. 



5. The right to dry and cure fish in any of the unsettled bays, 

 harbours, arid creeks of the southern part of the coast of Newfound- 

 land," before described, and of the coast of Labrador, without inter- 

 fering with the rights of settlers, &c. 



6. The right of American fishermen in their character as such to 

 enter the bays and harbours of Great Britain in America for the 

 purpose (a) of shelter, (b) of repairing damages, (c) of purchasing 

 wood, (d) of obtaining water, and for no other purpose whatever. 



But they are to be under such restrictions in respect of their entry 

 into bays and harbours where they are not entitled to fish " as may 

 be necessary to prevent their taking and drying, or curing fish therein, 

 or in any other manner whatever abusing the privileges hereby 

 reserved to them." 



The things that by this article American fishermen must not do 

 are: 



1. Fish within 3 miles of any of the shores of the British domin- 

 ions, excepting those specially above named. 



2. Enter within this 3-mile limit except for the purposes last stated. 

 The American fishermen, in their character as such purely, must 



not enter the prohibited waters other than for the purposes of shelter, 

 repairing damages, purchasing wood, and obtaining water; and in 

 doing this they are subject to such reasonable restrictions as shall be 

 necessary to prevent their fishing or curing fish in prohibited waters 

 or on prohibited shores, and thereby abusing the privilege of entering 

 those waters for the necessary purposes stated. 



What, then, are such necessary restrictions ? 



Following the treaty of 1818, Great Britain passed the Act of the 

 14th June, 1819 (59 Geo. Ill, cap. 38), on the subject of American 

 fishing and other vessels within the waters of the British dominions 

 in North America, which provided 



1. That the British King might make such orders in council, either 

 directly or through the governor of Xewfoundland or others, as 

 should be deemed proper and necessary for carrying into effect the 

 purposes of the fishery article of that treaty. 



