914 



CORRESPONDENCE, ETC. 



fishing on the coast and in the 

 adjacent waters of the British 

 North American Colonies, in con- 

 formity with the first article of 

 the convention of 1818, except 

 that the bays and harbors from 

 which American fishermen are in 

 the future to be excluded, save 

 for the purposes for which en- 

 trance into bays and harbors is 

 permitted by said article, are 

 hereby agreed to be taken to be 

 such bays and harbors as are 10 

 or less than 10 miles in width, 

 and the distance of 3 marine 

 miles from such bays and harbors 

 shall be measured from a straight 

 line drawn across the bay or har- 

 bor, in the part nearest the en- 

 trance, at the first point where 

 the width does not exceed 10 

 miles, the said lines to be regu- 

 larly numbered, duly described, 

 and also clearly marked on charts 

 prepared in duplicate for the 

 purpose. 



(2) To agree upon and estab- 

 lish such regulations as may be 

 necessary and proper to secure 

 to the fishermen of the United 

 States the privilege of entering 

 bays and harbors for the purpose 

 of shelter and of repairing dam- 

 ages therein, of purchasing wood, 

 and of obtaining water, and to 

 agree upon and establish such re- 

 strictions as may be necessary to 

 prevent the abuse of the privi- 

 lege reserved by said convention 

 to the fishermen of the United 

 States. 



(3) To agree upon and recom- 

 mend the penalties to be ad- 

 judged, and such proceedings and 

 jurisdiction as may be necessary 

 to secure a speedy trial and judg- 

 ment, with as little expense as 

 possible, for the violators of 

 rights and the transgressors of 

 the limits and restrictions which 

 may be hereby adopted : 



the American coasts, strengthens 

 this view; and the case of the 

 English ship Grange shows that 

 the Government of the United 

 States in 1793 claimed Delaware 

 Bay as being within territorial 

 waters. 



Mr. Bayard contends that the 

 rule which he asks to have set up 

 was adopted by the umpire of 

 the commission appointed under 

 the convention of 1853 in the 

 case of the United States fishing 

 schooner Washington that it was 

 by him applied to the Bay of 

 Fundy, and that it is for this 

 reason applicable to other Cana- 

 dian bays. 



It is submitted, however, that 

 as one of the headlands of the 

 Bay of Fundy is in the territory 

 of the United States any rules of 

 international law applicable to 

 that bay are not therefore equally 

 applicable to other bays the head- 

 lands of which are both within 

 the territory of the same power. 



The second paragraph of the 

 first article does not incorporate 

 the exact language of the conven- 

 tion of 1818. For instance, the 

 words, " and for no other pur- 

 pose whatever," should be insert- 

 ed after the mention of the pur- 

 poses for which vessels may enter 

 Canadian waters, and after the 

 words, " as may be necessary to 

 prevent," should be inserted, 

 " their taking, drying, or curing 

 fish therein, or in any other man- 

 ner abusing the privileges re- 

 served," etc. 



To make the language conform 

 correctly to the convention of 

 1818, several other verbal altera- 

 tions, which need not be enumer- 

 ated here, would be necessary. 



