PERTAINING TO SITUATION IN 1852-1853. 171 



portion so settled, without previous agreement for such purpose with 

 the inhabitants, proprietors, or possessors of the ground. And the 

 United States hereby renounce forever any liberty heretofore enjoyed 

 or claimed by the inhabitants thereof, to take, dry, or cure fish on or 

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

 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 harbors for the pur- 

 pose of shelter and repairing damages therein, 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 other manner what- 

 ever abusing the privileges hereby reserved to them." 



This article was designed to settle all doubtful questions touching 

 the rights of the parties; but, unfortunately, a very wide and em- 

 barrassing difference of opinion has long existed, and does still exist, 

 between the two governments, as to the proper construction of that 

 article of the convention of 1818. The point of difference is, as to the 

 true interpretation of that portion of the above-recited article in 

 which the United States renounce the right to take, dry, or cure fish 

 within " three marine miles of any of the coasts, bays, creeks, or har- 

 bors of His Britannic Majesty's dominions in America." On the 

 American side it has been contended that American fishermen have 

 a right to enter and fish in any of the bays which indent these shores, 

 provided they never approach, for the purpose of taking fish, within 

 three marine miles of the coasts by which such bays are encompassed. 

 On the part of Great Britain, it has been contended that these three 

 marine miles are to be measured from headland to headland, and 

 not from the bays or indents of the coast. 



This restrictive construction on the part of Great Britain, you will 

 perceive from a glance at the map, if strictly enforced, would exclude 

 our fishing vessels from George's bay, the Bay of Miramichi, the 

 straits of Northumberland, and the large Bay of Chaleur, where the 

 best mackerel are annually caught. Now, these are large open bays, 

 much more than six marine miles wide, and our fishing vessels can, 

 with ease, enter and fish without ever approaching within three ma- 

 rine miles of the coast. The treaty does forbid their taking fish 

 within three marine miles of the shore; and that restriction, unfa- 

 vorable and inconvenient as it is to our fishermen, must be faithfully 

 submitted to as long as this treaty exists. But the President enter- 

 tains the opinion that our citizens, under the convention of 1818, 

 have a right to enter the bays and harbors, and to take fish there, pro- 

 vided they do not approach within three marine miles of the shore; 

 and he further entertains the opinion, that the clause which author- 

 izes expressly the entering into bays and harbors "for the purpose 

 of shelter, &c.," precludes the idea that it therein alluded to large 

 open bays, such as the Bay of Chaleur, which afford but little better 

 "shelter" than the open sea, and confirms him in his opinion that 

 the restriction was designed to be applicable to narrow small bays 

 and harbors, in which an entrance could not be effected without ap- 

 proaching " within three marine miles of the shore," but within which 

 it was natural and proper that our fishermen should have the liberty 

 to enter " for the purpose of shelter, &c." 



