PERIOD FROM 1871 TO 1888. 187 



not be strained, must influence you in making as fair and liberal an 

 application of the term as shall consist with the just claims of all 

 parties.'^ 



With respect to American fishing vessels on the portion of the 

 Canadian coast not covered by the renunciatory clause, that is on 

 the shores of the Magdalen Islands and on the Canadian portion of 

 the Labrador coast, the following provision is found in the same 

 form in the 1886 and 1870 instructions: 



Should you have occasion to compel any American fishing vessels 

 or fishermen to conform to the requirements of the "Fisheries Act 

 and Regulations," as regards the modes and incidents of fishing, at 

 those places to which they are admitted under the Convention of 

 1818, particularly in relation to ballast, fish offals, setting of nets, 

 and hauling of seines, and use of ''trawls," or "bultows," more espe- 

 cially at and around the Magdalen Islands, your power and authority 

 over such cases will be similar to that of any other Fishery Officer 

 appointed to enforce the Fishery Laws in Canadian waters. (Vide 

 "Fisheries Act.") ^ 



As no attempt was ever made by the colonial authorities to enforce 

 this provision against American fishermen, it never became the sub- 

 ject of discussion between the United wStates and Great Britain. 



With respect, however, to the right of American fishermen to enter 

 bays and harbors on the portion of the coast covered by the renimci- 

 atory clause of the treaty of 1818 for the four purposes of shelter, 

 repairs, wood, and water, a marked difference is found in the pro- 

 visions of the instructions of 1870 and 1886. The earlier instruc- 

 tions provide — 



American vessels may, however, enter into all bays and harbors for 

 certain specified purposes. 



These purposes are: — for shelter, repairing damages, purchasing 

 wood, and obtaining water. They are to be admitted for no other 

 purpose whatever. And diu-ing such admission they may be sub- 

 jected to any restrictions necessary to prevent them from taking, 

 drying, or curing fish therein, or in any other manner abusing the 

 privileges thus accorded to them. You will be careful to observe 

 that such qualified admission to the ports and harbors of Canada, 

 be not made a pretext or cloak for transferring cargoes, or transact- 

 ing any other business connected with their fishing operations. •= 



These provisions are replaced by the following in the later instruc- 

 tions : 



In all other parts the exclusion of foreign vessels and boats is 

 absolute, so far as fishing is concerned, and is to be enforced within 

 the limits laid down by the Convention of 1818, they being allowed 



^Appendix, pp. 583, 758. ^Appendix, pp. 584, 759. cAppendix, p. 582. 



