AWARD OF THE FISHERY COMMISSION. 1555 



coring, and drying fish on certain coasts of the British North American colonies therein 

 defined, the inhabitants of the United States shall have, in common with the subj.-cts 

 of Her Britannic Majesty, the liberty, for the term of years mentioned in Article 

 XXXIII of this treaty, to' take fish of every kind, except shell-fish, on the sea-coasts 

 and shores, and in the bays, harbors, and creeks of the Provinces of Quebec, Nova 

 Scotia, and New Brunswick, and the colony of Prince Edward's Island, and of the sev- 

 eral islands thereunto adjacent, without being restricted to any distance from the shore, 

 with permission to land upon the said coasts and shores and islands, and also upon the 

 Magdalen Islands, for the purpose of drying their nets and curing their fish ; provided, 

 that in so doing they do not interfere with the righto of private property, or with 

 British fishermen in the peaceable use of any part of the said coasts in their occupancy 

 for the same purpose. It is understood that the above-mentioned liberty applies solely 

 to the sea-fishery, and that the salmon and shad fisheries, and all other fisheries in 

 rivers and the mouths of rivers, are hereby reserved exclusively for British fishermen. 



The only privileges which the American fishermen had in British waters 

 are received in the Convention of 1818; and as to all other privileges, 

 t hey expressly excluded themselves by their renunciation forever. Now, 

 in this treaty. Great Britain says it is expressly agreed by the High Con- 

 tracting Parties that, in addition to the privileges which the Americans 

 enjoy under the Convention of 1818 that is, in addition to the privileges 

 which they have of fishing on the southern coast of Labrador, and on 

 the shores of the Magdalen Islands, and around the shores of the Mag- 

 dalen Islands 



The citizens of the United States shall have, in common with the subjects of Her 

 Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of 

 this treaty, to take fish of every kind, except shell-fish, on the sea coasts and shores 

 and in the bays, harbors, and creeks of the Provinces of Quebec, Nova Scotia, and New 

 Brunswick, and the colony of Prince Edward Island, and of the several islands there- 

 uuto adjacent, without being restricted to any distance from the shore. 



Can anything be plainer than this ? Whereas, before this treaty, 

 Great Britain says to the United States, you could only fish around the 

 Magdalen Islands, but not land on these islands ; by this treaty how- 

 ever, all these restrictions are taken away from you ; and in addition to 

 that, the restrictions which were imposed preventing you from fishing 

 within three miles of the shores of Nova Scotia, New Brunswick, Quebec, 

 and Prince Edward Island, are removed, and besides the right of fish- 

 ing there, you also have the right to laud and dry your nets on these 

 coasts. Is not that plain I The Convention of 1818 clearly stands un- 

 to,uched except in so far as it is restricted by the Treaty of 1871. Now, 

 what follows from this, if the Agent of the United States is correct in 

 his contention and I presume that my learned friends opposite have 

 weighed it carefully this follows: these American fishermen having 

 then, as I have shown, no right to enter our harbors by any commercial 

 treaty, they are governed by the Convention of 1818; their rights 

 are defined by that convention, and extended by the agreement and 

 Treaty of J871. This being the case, what have they a right to do if 

 the contention of my learned friend on the other side is correct? They 

 have a right, and that under this treaty, to fish within three miles of 

 the shore in common with the inhabitants of these colonies, and there 

 to take fish of every kind, shell-fish excepted, and to laud for the pur- 

 pose of drying their nets and curing their fish and nothing more; that 

 is the "boud. ?J 



That is the bond, says Mr. Foster. That is all they have a right to do. 

 If it is, then what follows? Then all other privileges save those of 

 taking fish within three miles of the shore, landing on the coast for the 

 purpose of drying nets and curing fish, are governed by the Convention 

 of 1818. And if that is the case, then when they do enter for the pur- 

 ; pose of purchasing bait, they enter for another purpose than that of 

 obtaining wood and water, securing shelter, &c., and they become liable 



