32 THE FREDERICK GERRING, JR 



waters of British North America, and gives fishing rights to Ameri- 

 cans within certain limits and the United States renounce forever 

 the liberty to take, dry or cure fish in such waters outside said limits. 



The Treaty contains a proviso that American fishermen shall 

 be admitted to enter such territorial waters for shelter, repair, 

 purchasing wood and obtaining water and for no other purpose 

 whatever, under restrictions necessary to prevent them from taking, 

 drying or curing of fish or in any other manner whatever abusing 

 such privilege. 



The Statute of 59 George III, by section 2, declares that it shall 

 be unlawful in any foreign vessel "to fish for or to take, dry or 

 cure fish" in the territorial waters of British North America, 

 outside the limits mentioned in the Treaty. And further enacts 

 that if such vessel "shall be found fishing, or to have been fishing, 

 or preparing to fish," within such waters such vessel shall be for- 

 feited. 



The word "fishing," it is submitted, is intended to include all 

 the acts which are declared unlawful by the preceding portion of 

 the section. After making this declaration of unlawful acts and 

 enactment of forfeiture, the Statute proceeds: 



"3. Provided always, and be it enacted, that it shall and may 

 "be lawful for any fishermen of the said United States to enter 

 "into any such bays, or harbours of His Britannic Majesty's 

 "Dominions in America, as are last mentioned, for the purpose 

 "of shelter and repairing damages therein, and of purchasing 

 "wood and of obtaining water, and for no other purpose what- 

 " ever ; subject nevertheless to such restrictions as may be necessary 

 "to prevent 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, as shall for that purpose be imposed" 

 by Order-in-Council, &c. 



The Statute it will be seen is intended to prevent not only the 

 taking by American fishermen of fish which are within territorial 

 waters but also to prevent their using such waters for purposes 

 other than those expressly permitted. To effectuate this intention 

 a construction should be put upon the word "fishing" which will 

 prevent as far as possible the use of territorial waters for unauthor- 

 ized purposes. That "fishing" is used as including all prohibited 

 acts is further indicated by the fact that the liberty accorded 

 American fishermen is introduced as a proviso. 



