148 CASE OF THE UNITED STATES. 



Memorandum for Foreign Office respecting a Commission to settle limits of the right of 

 exclusive Fishery on the Coast of British North America. 



A convention made between Great Britain and the United States, 

 on the 20th October, 1818, after securing to American fishermen cer- 

 tain rights to be exercised on part of the coasts of Newfoundland 

 and Labrador, proceeded as follows : — 



"And the United States hereby renounce, for ever, any liberty 

 heretofore enjoyed or claimed by the inhabitants thereof, to take, dry, 

 or cure fish on or within three miles of any of the coasts, bays, creeks, 

 or harbors of His Brittanic Majesty's Dominions m America, not 

 included within the above limits." 



The right of Great Britain to exclude American fishermen from 

 waters within three miles of the coast is unambiguous, and it is be- 

 lieved, uncontested. But there appears to be some doubt what are 

 the waters described as within three miles of bays, creeks, and har- 

 bors. When a bay is less than six miles broad, its waters are within 

 the tlu-ee miles limit, and therefore clearly within the meaning of the 

 Treaty; but when it is more than that breadth, the question arises 

 whether it is a bay of Her Britannic Majesty's Dominions. 



This is a question which has to be considered in each particular 

 case with regard to International Law and usage. Wlien such a bay, 

 etc., is not a bay of Her Majesty's Dominions, the American fisher- 

 men will be entitled to fish in it, except within three miles of the 

 "coast"; "when it is a bay of Her Majesty's Dominions" they will 

 not be entitled to fish within three miles of it, that is to say, (it is 

 presumed), within three miles of a line drawn from headland to 

 headland. 



It is desirable that the British and American Governments should 

 come to a clear understanding in the case of each bay, creek, or har- 

 bor, what are the precise limits of the exclusive rights of Great 

 Britain, and should define those limits in such a way as to be in- 

 capable of dispute, either by reference to the bearings of certain 

 headlands, or other ebjects on shore, or by laying the lines down in 

 a map or chart.'* 



The Canadian "treaty coasts." 



One other question arose during this period which requires brief 

 attention. On April 14, 1870, Mr. Thornton, the British Minister at 

 Washington, transmitted to Mr. Fish, the Secretary of State, a 

 copy of an order in council of the Dominion of Canada adopted 

 January 8, 1870, providing "that the system of granting fishing 

 licenses to foreign vessels, under the act 31 Vic, cap. 61, be discon- 

 tinued, and that henceforth all foreign fishermen be prevented from 

 fishing in the waters of Canada."^ On the 21st of the same month 

 Mr. Fish replied, calling attention to the words "and that henceforth 

 all foreign fi^shermen be prevented from fishing in the waters of 



"Appendix, p. 629. b Appendix, p. 580. 



