THE FISIIEKIES. 233 



waixlly iuJofiiiitoly along tlio coast, -vvltliout prcjiuVico, liow- 

 ever, to any ot'tlic cxclnsivc riglUs of tlic lliulson's Day Coni- 

 ])any. And that the American fishermen shall also have lib- 

 erty, forever, to dry and cure lish in any of the unsettled bays, 

 liarbors, and creeks of the southern part of the coast of New- 

 foundland, Iiereabovc described, and of the coast of Labrador; 

 \nv, so soon as the same, or any ]>ortion thereof, shall l)e settled, 

 it shall not be lawful for the said fishermen to dry or cure tish 

 at such portion so settled, -without iircvious agreement for such 

 juirposc with the inhabitants, proprietors, or jiossessors of the 

 ground. And the United States hereby renounce, forever, any 

 liberty heretofore enjoyed or claimed by the inhabitants tiiere- 

 of to take, dry, oi' cure fish on or williin three marine miles 

 of any of the coasts, bays, creeks, or harbors of His Ibitannio 

 ^lajesty's dominions in America, not included within the above- 

 mentioned limits : IVovided, however, that the American fisher- 

 men shall be ])ermitted to enter such bays or harbors for the 

 jiurposc of shelter and of repairing damages therein, of purchas- 

 ing wood, and of obtaining water, and for no other purpose 

 whatever. But they shall be under such rcs'rictions as may 

 be necessary to prevent their taking, dvyiiicr, or curing fisli 

 therein, or in any other manner whatever abusing the ]uivi- 

 legca hereby reserved to them." 



In virtue of tliese treaty provisions, citizens of tlie 

 United States continued to fish on the coasts of the 

 Britisli Provinces witlioiit interru])tion for some twen- 

 ty years, when question was raised as to their riglit 

 to fisli within the bays or indents of tlie coast, in 

 consequence of an opinion of the Law Officej-j of tlic 

 Crown tliat the expression " three marine miles of 

 any of the coasts, bays, creeks, or harbors," witliin 

 whicli citizens of tlie United States were excluded 

 from any right of fishing on the coast of British Anier- 

 ica,intends miles "to be measured from the headlands, 

 or extreme points of land next the sea or the coast, or 



