PEEIOD FKOM 1871 TO 1905. 813 



federation by the Provinces) does not reach beyond that limit. It 

 may be assumed that, in the absence of any treaty stipulation to the 

 contrary, this right is so well recognized and established by both 

 British and American law, that the grounds on which it is supported 

 need not be stated here at large. The undersigned will merely add, 

 therefore, to this statement of the position, that so far from the right 

 being limited by the convention of 1818 that convention expressly 

 recognizes it. 



After renouncing the liberty to " take, cure, or dry fish on or within 

 three marine miles of any of the coasts, bays, creeks, or harbors of 

 His Majesty's dominions in America," there is a stipulation that while 

 American fishing vessels shall be admitted to enter such bays, &c., 

 " for the purpose of shelter and of repairing damages therein, of pur- 

 chasing wood, and of obtaining water, they shall be under such restric- 

 tions as may be necessary to prevent their taking, curing, or drying 

 fish therein, or in any other manner whatever abusing the privileges 

 reserved to them." 



2. Appropriate legislation on this subject was, in the first instance, 

 adopted by the Parliament of the United Kingdom. The imperial 

 statute 59 Geo. Ill, cap. 38, was enacted in the year following the 

 convention, in order to give that convention force and effect. That 

 statute declared that, except for the purposes before specified, it 

 should " not be lawful for any person or persons, not being a natural - 

 born subject of His Majesty, in any foreign ship, vessel, or boat, 

 nor for any person in any ship, vessel, or boat, other than such 

 as shall be navigated according to the laws of the United Kingdom 

 of Great Britain and Ireland, to fish for, or to take, dry, or cure any 

 fish of any kind whatever within three marine miles of any coasts, 

 bays, creeks, or harbors whatever, in any part of His Majesty's do- 

 minions in America, not included within the limits specified and de- 

 scribed in the first article of the said convention, and that if such for- 

 eign ship, vessel, or boat, or any person or persons on board thereof 

 shall be found fishing, or to have been fishing, or preparing to fish 

 within such distance of such coasts, bays, creeks, or harbors within 

 such parts of His Majesty's dominions in America, out of the said 

 limits as aforesaid, all such ships, vessels, and boats, together with 

 their cargoes, and all guns, ammunition, tackle, apparel, furniture, 

 and stores, shall be forfeited, and shall and may be seized, taken, sued 

 for, prosecuted, recovered, and condemned by such and the like ways, 

 means, and methods, and in the same courts as ships, vessels, or boats 

 may be forfeited, seized, prosecuted, and condemned for any offense 

 against any laws relating to the revenue of customs, or the laws of 

 trade and navigation, under any act or acts of the Parliament of 

 Great Britain or the United Kingdom of Great Britain and Ireland, 

 provided that nothing contained in this act shall apply or be con- 

 strued to apply to the ships or subjects of any prince, power, or state 

 in amity with His Majesty who are entitled by treaty with His Maj- 

 esty to any privileges of taking, drying, or curing fish on the coasts, 

 bays, creeks, or harbors or within the limits in this act described. Pro- 

 vided always, that it shall and may be lawful for any fishermen of the 

 said United States to enter into any such bays or harbors of His Bri- 

 tannic Majesty's dominions in America as are last mentioned, for the 

 purpose of shelter and repairing damages therein, of purchasing 

 wood, and of obtaining water, and for no other purpose whatever, 



