PERIOD FROM 1836 TO 1841, 87 



So far as these so-called rules, regulations, and restrictions are 

 concerned, it will be remembered that the only authority found in 

 the treaty for imposing any restrictions upon American fishermen 

 is found in the last part of the renunciatory clause where provision 

 is made for imposing in the waters wherein the liberty of fishing is 

 renounced by the treaty "such restrictions as may be necessary to 

 prevent them from taking, drying or curing fish therein, or in any 

 other manner whatever abusing the privileges hereby reserved to 

 them." It will also be remembered that under the treaty the Ameri- 

 can fishing vessels have the right of entering, for four specified pur- 

 poses, the bays and harbors on the coasts where the right of fishing 

 was renounced. 



The act above referred to was in force until 1851, when it was 

 substantially re-enacted by chapter 94 of the Nova Scotia Revised 

 Statutes of that year.*^ 



In the province of Prince Edward Island, an act was adopted on 

 April 15, 1843, similar in all its essential features to the Nova Scotia 

 act of 1836, but no attempt was ever made to enforce this act against 

 Ajnerican fishermen.'' 



In the province of New Brunswick, an act was adopted on May 3, 

 1853, which closely follows the provisions of the Xova Scotia act of 

 1836.^ 



These acts were all superseded by the act of the Dominion of 

 Canada passed May 22, 1868, entitled "An act respecting fishing by 

 foreign vessels. "'^ 



This entire series of acts grew out of the Xova Scotia act of 1836 

 on which they were modelled and, so far as they have any relation 

 to the fisheries article of the treaty of 1818, it will be found that all 

 the questions presented by them were discussed in the diplomatic 

 correspondence between the United States and Great Britain follow- 

 ing the objections raised in 1841 by the United States against the 

 treatment to which American vessels were subjected by Nova Scotia 

 imder the provisions of the act of 1836, which correspondence is 

 herein elsewhere re^-iewed. 



It may be noted in passing, however, that section one of the act of 

 the Dominion of Canada of May 22, 1868, authorized the Governor 



o Appendix, p, 123. c Appendix, p. 126. 



& Appendix, p. 128. <^ Appendix, p. 133. 



92909°— 8. Doc. 870, 61-3, vol 1 14 



