3384 AWARD OF THE FISHERY COMMISSION. 



administer the law as I find it, Dot to determine its expediency or its 

 justice, still less to inquire into the wisdom of a Treaty deliberately 

 made by the two Governments of Great Britain and the United States, 

 and acknowledged by both. If the people of the United States, inad- 

 vertently, as it is alleged, or unwisely (which I by no means admit) 

 renounced their inherent rights, and ought to fall back on the Treaty of 

 1783, rather than abide by the existing Treaty of 1818, that is a matter 

 for negotiation between the two contracting powers it belongs to the 

 higher region of international and political action, and not to the hum- 

 bler, but still the highly responsible and honorable duty now imposed 

 on me, of interpreting and enforcing the law as it is. 



" By the first Article of the Treaty of 1818, after certain privileges 

 or rights within certain limits conceded to American fishermen, it is 

 declared, that " 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 purpose of shelter, and of repairing damage therein, of purchas- 

 ing 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. 



".Every word of this Article should be studied and understood by 

 the people of these Provinces. They perfectly appreciate the value of 

 their exclusive right to the inshore fishery, thus formally and clearly 

 recognized, and they must take care temperately but firmly to preserve 

 and guard it. It was argued in this case, that the restriction applied 

 only to fishing vessels; that is, vessels fitted out for the purposes of 

 fishing that it did not extend to other vessels which might find it con- 

 venient or profitable to fish within the limits. But that is not the lan- 

 guage of the Treaty nor of the Acts founded on it. The United States 

 renounce the liberty enjoyed or claimed by the inhabitants, not merely 

 by the fishermen thereof, and any vessel, fishing or otherwise, within 

 the limits prescribed by the Treaty, is liable to forfeiture. 



" Extreme cases were put to me at the hearing, and I have seen them 

 frequently stated elsewhere, of a trading vessel or a,n American citizen 

 catching a few fish for food or for pleasure, and the Court was asked 

 whether in such and the like cases it would impose forfeituras or pen- 

 alties. When such cases arise there will be no difficulty, I think, in 

 dealing with them. Neither the Government lior the Courts of the 

 Dominion would favor a narrow and illiberal construction, or sanction a 

 forfeiture or penalty inconsistent with national comity and usage, and 

 with the plain object and intent of the Treaty. The rights of a people, 

 as of an individual, are never so much respected as when they are exer- 

 cised in a spirit of fairness and moderation. Besides, by a clause of the 

 Dominion Act of 1868, which is not to be found in the Imperial Act of 

 1819, nor in our Nova Scotia Act of 1836, which formed the code of 

 rules and regulations under the Treaty of 1818, with the sanction of 

 His Majesty, the Governor-General in Council, in cases of seizure under 

 the Act, may, by order, direct a stay of proceedings ; and, in cases of 

 condemnation, may relieve from the penalty, in whole or in part, and 

 on such terms as may be deemed right. Any undue straining of the 

 law, or harshness in its application may thus'be softened or redressed, 

 and although I was told that little confidence was to be placed in the 



