APPENDIX 393 



act for regulating the fishing on the coast of Northumber- 

 land (1799) contains very elaborate dispositions concern- 

 ing the fisheries in the bay of Miramichi which were con- 

 tinued in 1823, 1829 and 1834. The statutes of Lower 

 Canada, 1788 and 1807, forbid the throwing overboard 

 of offal. The fact that these acts extend the prohibition 

 over a greater distance than the first marine league from 

 the shore may make them nonoperative against foreigners 

 without the territorial limits of Great Britain, but is cer- 

 tainly no reason to deny their obligatory character for 

 foreigners within these limits; 



(h) Because the fact that Great Britain rarely exer- 

 cised the right of regulation in the period immediately 

 succeeding 1818 is to be explained by various circum- 

 stances and is not evidence of the non-existence of the 

 right; 



(i) Because the words "in common with British sub- 

 jects" tend to confirm the opinion that the inhabitants of 

 the United States were admitted to a regulated fishery; 



(j) Because the statute of Great Britain, 1819, which 

 gives legislative sanction to the Treaty of 1818, provides 

 for the making of ' * regulations with relation to the taking, 

 drying and curing of fish by inhabitants of the United 

 States in 'common/ ! 



For the purpose of such proof, it is further contended 

 by the United States, in this latter connection : 



(4) That the words "in common with British subjects" 

 used in the Treaty should not be held as im- 

 porting a common subjection to regulation, but 

 as intending to negative a possible pretention on 

 the part of the inhabitants of the United States 

 to liberties of fishery exclusive of the right of 

 British subjects to fish. 



