ARGUMENT OP CHARLES B. WARREN. 1187 



shall be settled, it shall not be lawful for the said fishermen to dry 

 or cure fish at such 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, creek, or harbors 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 harbors for the purpose 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 restric- 

 tions as may be necessary to prevent their taking, drying, or curing 

 fish therein, or in any other manner whatever 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 en- 

 compassed. On the part of Great Britain, it has been contended that 

 these three marine miles are to be measured from headland to head- 

 land, 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 marine miles of the coast. The treaty does forbid their taking 

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

 favorable and inconvenient as it is to our fishermen, must be faith- 

 fully submitted to as long as this treaty exists. But the President 

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

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

 provided they do not approach within three marine miles of the 

 shore; and he further entertains the opinion, that the clause which 

 authorizes expressly the entering into bays and harbors ' for the pur- 

 pose 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 approach- 

 ing ' within three marine miles of the shore,' but within which it was 



