130 The Frederick G erring, Jr. 



the United States as to the effect of the war upon the contnuiance 

 of former treaty rights of American fishermen in the waters of 

 His Majesty's Dominion in British North America, the convention 

 of 1818 was concluded, whereby it was {inter alia) agreed that 

 within certain limits (chiefly in and about Newfoundland, Labra- 

 dor, Magdalen Islands, etc.), the inhabitants of the United States 

 were to have forever in common with the subjects of His Majesty 

 the liberty to take fish of every kind, and also the limited right to 

 dry and cure fish in certain bays, harbours and creeks. It was 

 then agreed by the United States as follows: 



And the United States hereby renounces forever any 

 liberty heretofore enjoyed or claimed by the inhabitants there- 

 of to take, dry or cure fish on or within three marine miles 

 of any of the coasts, bays, creeks or harbours of His said 

 Majesty's Dominions in America, not included within the 

 above mentioned limits, provided, however, that the American 

 fisherman shall be admitted to enter such bays or liarbours 

 for the purpose of shelter or of 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 them taking, drying or curing 

 fish therein or in any other manner whatever abusing the 

 privileges hereby reserved to them. 



Then, as to domestic legislation. The Imperial Act. 59 Geo., 3, 

 c. 38, declared it to be unlawful for any person otiier than a natural 

 born subject of His Majesty in any foreign ship, etc., to fish for, 

 or to take, dry, or cure any fish of any kind whatsoever within 

 three marine miles of any coasts, bays, creeks or harbours v,hat- 

 ever in any part of His Majesty's Dominions in America, not 

 included within the limits specified and described in the first article 

 of such convention, and it is enacted that, if any such foreign 

 ship, etc., or any person on board thereof should be found fishing 

 or to have been fishing or preparing to fish within such prohibited 

 limits, such vessels, etc., should be forfeited, etc., provided, how- 

 ever (as in terms of the treaty), that it should be lawful for any 

 fishermen of the United States to enter into any such bays or 

 harbours for the purpose of shelter and repairing damages therein, 

 and of purchasing wood or obtaining water and for no other pur- 

 pose whatever. 



