QUESTION FIVE. 197 



preaching, except for the purposes permissible under the terms of the 

 treaty, within three miles of land or within a bay, the entrance of 

 which did not exceed six miles in width. 



During the years from 1841 to 1845 the Government of Great 

 Britain discussed with the authorities of Nova Scotia their novel 

 theory as to interpretation of the treaty and the extraordinary opin- 

 ion of the law officers of the crown, but steadfastly refused to enforce 

 the new theory against American vessels; and decided in 1845 "to 

 regard as bays in the sense of the treaty only those inlets of the sea 

 which measure from headland to headland at their entrance the 

 double of the distance of three miles," but because of the protest of 

 Nova Scotia the decision of Great Britain was not communicated to 

 the United States. 



From 1845 to 1854 American vessels exercised their rights and no 

 orders in conflict therewith were enforced or issued. 



Under the claims convention of 1853 the contention of the authori- 

 ties of Nova Scotia was ruled against by the High Commission. 



During the life of the treaty of 1854, covering the period to 1866, 

 no question arose, inasmuch as the terms of the treaty extended to 

 American fishermen greater rights on the non-treaty coasts than the 

 United States held under the treaty of 1818. 



From 1866 to 1870, licenses were issued by the provinces and the 

 Dominion of Canada, admitting American vessels to all inshore fish- 

 eries with no limitation as to distance from the shores. 



In 1866 the British Government, without reservation, instructed 

 the provinces to regard as bays or creeks, within the meaning of the 

 treaty of 1818, only those " less than ten geographical miles in width 

 in conformity with the arrangement made with France in 1839." 



In the years 1870 and 1871 the British Government issued instruc- 

 tions withdrawing opposition to fishing by Americans in all bays 

 broader at their entrances than six marine miles so long as no vessel 

 approached nearer than three miles to land, although the United 

 States was notified that this action was not to be regarded as an 

 arrangement between the two powers. 



From 1871 to 1885 the right to the inshore fisheries, without any 

 limitation, was enjoyed by American fishermen under the terms of 

 the Treaty of Washington. 



In 1886 orders were issued putting into operation, without reserva- 

 tion, the construction of this renunciatory clause now contended for 

 by the United States and it was applied thereafter during another 



