BRITISH ACTS AND ORDERS IN COUNCIL. 71 



subject nevertheless to such restrictions as may be necessary to pre- 

 vent such Fishermen of the said United States from taking, drying 

 or curing Fish in the said Bays or Harbours, or in any other manner 

 whatever abusing the said Privileges by the said Treaty and this Act 

 reserved to them, and as shall for that purpose be imposed by any 

 Order or Orders to be from time to time made by His Majesty in 

 Council under the Authority of this Act, and by any Ee^ulations 

 which shall be issued by the Governor or Person exercising the Ofhce 

 of Governor in any such Parts of His Majesty's Dominions in America, 

 under or in pursuance of any such Order in Council as aforesaid.*^ 



With respect to the regulations above referred to it should be noted 

 in passing that, so far as the United States has been informed, no 

 order in council was ever adopted under this section of the act and 

 that no attempt was made to impose restrictions upon American 

 fishermen resorting to the bays and harbors on the coasts where 

 the liberty of fishing was renounced, for the four purposes mentioned 

 in the treaty, until the year 1836, when the adoption of so-called 

 regulations became the subject of provincial legislation, as is else- 

 where shown in reviewing that branch of the question. 



Regulations hy Orders in Council. 



It will be observed that the regulations which are to be imposed 

 by orders in council under the authority of this act refer to two 

 distinct branches of the treaty Article : those under the first section 

 of the act, relating only to the coasts on which the liberty of fishing 

 is secured to American fishermen by the treaty, and those under 

 the third section of the act, relating only to the coasts on which the 

 liberty of fishing is renounced by the United States. 



In the latter case the regulations to be imposed were obviously 

 intended to apply to American fishermen, for the treaty itself ex- 

 pressly provides for the imposition of restrictions upon them. 



In the former case, however, no express authority" is found in the 

 treaty for imposing restrictions or regulations upon American fisher- 

 men. On the contrary, the express purpose of the portion of the 

 treaty referred to in tliis section of the act was, not to regidate the 

 American fishermen, but to admit them to the enjoyment of a fishing 

 liberty in common with British subjects their right to which had 

 been disputed b}' Great Britain since the War of 1812. The regula- 

 tions which are authorized by the terms of the act are such only "as 

 shall or may be from time to time deemed proper and necessary for 



« Appendix, p. 113. 

 92909°— S. Doc. 870, 61-3, vol 1 13 



