134 CASE OF THE UNITED STATES. 



The fisheries provisions of this treaty are printed in full in the 

 Appendix,'^ and the followinc; extract from them will show their rela 

 tion to the fisheries provisions of the treat}^ of 1818: 



It is agreed by the high contracting parties that in addition to the 

 Hberty secured to the United States fishermen by the above-men- 

 tioned convention of October 20, 1818, of taking, curing and dr^'ing 

 fish on certain coasts of the British North American Colonies therein 

 defined, the inhabitants of the United States shall have, in common 

 with the subjects of Her Britannic Majesty, the liberty to take fish 

 of every kind, except shell-fish, on the sea coasts and shores and in 

 the bays, harbors and creeks of Canada, New Brunswick, Nova Scotia, 

 Prince Edward's Island, and of the several islands, thereunto adja- 

 cent, without being restricted to any distance from the shore, with 

 permission to land upon the coasts and shores of those colonies, and 

 the islands thereof, and also upon the Magdalen Islands, for the pur- 

 pose of drying their nets and curing their fish; provided that, in so 

 doing, they do not interfere with the rights of private property, or 

 with British fishermen, in the peaceable use of any part of the said 

 coast in their occupancy for the same purpose. 



It is understood that the above-mentioned liberty applies solely to 

 the sea fishery, and that the salmon and shad fisheries, and all fish- 

 eries in rivers and the mouths of rivers, are hereby reserved exclu- 

 sively for British fishermen.'' 



Article II contains reciprocal provisions in similar form, applying 

 to fishing by British subjects on the ''eastern sea-coasts and shores 

 of the United States, north of the 36th parallel of north latitude, and 

 on the shores of the several islands thereunto adjacent, and in the 

 bays, harbors, and creeks of the said sea-coast and shores of the United 

 States and of the said islands." " 



Article VI provided for the extension of the foregoing provisions to 

 Ne\vfoundland so far as they were applicable. 



It will be perceived that in so far as these provisions related to the 

 coasts now under consideration, they left undisturbed the liberties 

 to which the American fishermen were entitled under the treaty of 

 1818, and in addition extended to them the liberty of access to all the 

 waters and coasts from which they were excluded by that treaty, ex- 

 cepting only the mouths of rivers; these new provisions therefore 

 were superadded to the fisheries provisions of the treaty of 1818. 



During the entire period that this treaty was in force, no question 

 of dispute involving the fisheries arose between the United States and 

 Great Britain. Subsequently, in 1880, in a dispute which arose under 

 the treaty of 1871, in connection with the Fortune Bay seizures, a 



o Appendix, p. 25. & Appendix, p. 26. c Appendix, p. 27. 



