Appendix to the Memorial. 131 



The subject has also been dealt with by the Parliament of 

 Canada, and it is enacted by ch. 94, R. S. C, that any fishery 

 officer concerned in the protection of the fishery (amongst other 

 ofificers) "may go on board of any vessel within any harbours of 

 Canada, or hovering in British waters within three marine miles 

 of any of the coasts, bays, creeks or harbours in Canada, and may 

 bring such vessel into port. * * * And if such vessel is for- 

 eign, and (a) has been found fishing or preparing to fish, or to 

 have been fishing in British waters within the three marine miles 

 of any of the coasts, bays, creeks or harbours of Canada, not in- 

 cluded within the above mentioned limits, without a license * * * 

 or (b), has entered such waters for any purpose not permitted by 

 treaty, or convention, or by any law of the United Kingdom or 

 Canada for the time being in force, such ship, etc., shall be 

 forfeited." 



The convention of 1818 deals not merely with the catching of 

 fish, but with the entire subject of the rights of American fishermen 

 to the use of territorial waters and adjacent coasts in the prosecu- 

 tion of their enterprise. 



The rights and privileges of American fishermen therein are 

 stated affirmatively and negatively. There is the right to take fish 

 in common with British subjects in certain waters, and to dry and 

 cure fish (wheresoever taken) on certain coasts; and, with regard 

 to the remaining waters and coasts, a renunciation of all claim or 

 liberty to take, dry or cure fish; but, along with this, a certain 

 saving, viz. : to enter bays and harbors for the specified purpose of 

 shelter, repairs, purchasing wood and obtaining water, but for no 

 other purpose whatever. 



This seems not only not to permit, but, by necessary implica- 

 tion to exclude, the using of territorial waters (other than those in 

 which the right of fishing is recognized) for a purpose so material to 

 and connected with the actual taking of the fish, as that of making 

 good and effectual the capture of fish brought under certain dominion 

 and control outside of such waters; that is to say, of acquiring 

 absolute property in that which previously may have been the sub- 

 ject of a qualified property, liable to be defeated in various con- 

 tingencies as, for instance, by the state of the weather, or by the 

 fouling of the seine, or the breaking of it with the weight and 

 pressure of the fish, or by a variety of causes. To enter territorial 



