700 



APPENDIX TO BBITISH CASE. 



such portions so settled 

 without previous agree- 

 ment for such purpose 

 with the inhabitants, pro- 

 prietors, or possessors of 

 the ground ; " and was 

 declared that " the 

 United States hereby re- 

 nounce for ever any lib- 

 erty heretofore enjoyed 

 or claimed by the inhab- 

 itants thereof 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; pro- 

 vided, however, that the 

 American fishermen shall 

 be admitted to enter such 

 bays or harbours for the 

 purpose of shelter, and of 

 repairing damages there- 

 in, of purchasing wood, 

 and obtaining water, and 

 for no other purpose 

 whatever. But they shall 

 be under such restrictions 

 as may be necessary to 

 prevent their taking, dry- 

 ing, or curing fish there- 

 in, or in any other man- 

 ner whatever abusing the 

 privileges hereby re- 

 served to them ; " and 

 whereas differences have 

 arisen in regard to the 

 extent of the above-men- 

 tioned renunciation, the 

 Government of the United 

 States and Her Majesty 

 the Queen of Great Brit- 

 ain, being equally desir- 

 ous of avoiding further 

 misunderstanding, agree 

 to appoint a Mixed Com- 

 mission for the following 

 purposes, namely : 



1. To agree upon and 

 establish by a series of 

 lines the limits which 

 shall separate the exclu- 

 sive from the common 

 right of fishing on the 

 coast and in the adjacent 

 waters of the British 

 North American Colonies, 

 in conformity with the 

 1st Article of the Conven- 

 tion of 1818, except that 

 the bays and harbours 

 from which American 

 fishermen are in the fu- 

 ture to be excluded, save 



for the purposes for 

 which entrance into the 

 bays and harbours is per- 

 mitted by said Article, 

 are hereby agreed to be 

 taken to be such bays 

 and harbours as are 10 or 

 less than 10 miles in 

 width, and the distance 

 of 3 marine miles from 

 such bays and harbours 



shall be measured 

 418 from a straight 



line drawn across 

 the bay or harbour, in the 

 part nearest the entrance, 

 at the first point where 

 the width does not exceed 

 10 miles, the said lines to 

 be regularly numbered, 

 duly described, and also 

 clearly marked on Charts 

 prepared in duplicate for 

 the purpose. 



2. To agree upon and 

 establish such regulations 

 as may be necessary and 

 proper to secure to the 

 fishermen of the United 

 States the privilege of 

 entering bays and har- 

 bours for the purpose of 

 shelter and repairing 

 damages therein, of pur- 

 chasing wood, and of ob- 

 taining water, and to 

 agree upon and establish 

 such restrictions as may 

 be necessary to prevent 

 the abuse of the privilege 

 reserved by said Conven- 

 tion to the fishermen of 

 the United States. 



3. To agree upon and 

 recommend the penalties 

 to be adjudged, and such 

 proceedings and jurisdic- 

 tion as may be necessary 

 to secure a speedy trial 

 and judgment, with as 

 little expense as possible, 

 for the violators of rights 

 and the transgressors of 

 the limits and restric- 

 tions which may be here- 

 by adopted : 



Provided, however, that 

 the limits, restrictions, 

 and regulations which 

 may be agreed upon by 

 the said Commission shall 

 not be final, nor have any 

 effect, until so jointly 

 confirmed and declared 

 by the United States and 

 He^ Majesty the Queen 

 of Great Britain, either 



by Treaty or by laws mu- 

 tually acknowledged. 



Observations on Mr. Bay- 

 ard's Memorandum. 



THE most important 

 departure in this Article 

 from the Protocol of 1866 

 is the interpolation of the 

 stipulation, " that the 

 bays and harbours from 

 which American vessels 

 are in future to be ex- 

 cluded, save for the pur- 

 poses for which entrance 

 into bays and harbours is 

 permitted by said Article, 

 are hereby agreed to be 

 taken to be such harbours 

 as are 10, or less than 10, 

 miles in width, and the 

 distance of 3 marine miles 

 from such bays and har- 

 bours shall be measured 

 from a straight line 

 drawn across the bay or 

 harbour in the part near- 

 est the entrance at the 

 first point where the 

 width does not exceed 10 

 miles." 



This provision would 

 involve a surrender of 

 fishing rights which have 

 always been regarded as 

 the exclusive property of 

 Canada, and would make 

 common fishing grounds 

 of the territorial waters 

 which, by the law of na- 

 tions, have been invaria- 

 bly regarded both in 

 Great Britain and the 

 United States, as belong- 

 ing to the adjacent conn- 

 try. In the case, for in- 

 stance, of the Baie des 

 Chaleurs, a peculiarly 

 well-marked and almost 

 land-locked indentation of 

 the Canadian coast, the 

 10-mile line would be 

 drawn from points in the 

 heart of Canadian terri- 

 tory, and almost 70 miles 

 distance from the natural 

 entrance or mouth of the 

 bay. This would be clone 

 in spite of the fact that, 

 both by Imperial legisla- 

 tion and by judicial in- 

 terpretation, this bay has 

 been declared to form a 

 part of the territory of 

 Canada. (See Imperial 

 Statute 14 & 15 Viet., cap. 



