NORTH ATLANTIC FISHERIES DISPUTE 7 



several islands thereunto adjacent, without being restricted to any dis- 

 tance from the shore, with permission to land upon the coasts and shores 

 of those colonies and the islands thereof, and also upon the Magdalen 

 Islands, for the purpose of drying their nets and curing their fish." 



The second article conceded to British fishermen similar privileges 

 on the eastern coast of the United States, north of the 36th parallel. The 

 third article provided for reciprocal free trade between the United 

 States and Canada and Newfoundland in various products. 



The Reciprocity treaty was terminated by the United States in 1866. 

 From 1866 to 1869, licenses were granted to United States fishing vessels, 

 at first at the rate of 50 cents and, finally, at the rate of $2 per ton for each 

 season, for the same liberties as were granted under the Reciprocity 

 treaty. In 1868 the Dominion Government passed a "Hovering Act" 

 which practically re-enacted the Nova Scotia statute of 1836. It was 

 amended in 1870 and in 1871, the regulations and penalties being made 

 more stringent. 



In 1870 the granting of fishing licenses was discontinued. In a com- 

 munication to the United States it was stated that the British Govern- 

 ment were of the opinion that, by the treaty of 1818, the United States 

 had "renounced the right of fishing, not only within the three miles of 

 the colonial shores, but within three miles of a line drawn across the 



mouth of any British bay or creek It is, therefore, at present the 



wish of Her Majesty's government neither to concede nor for the present 

 to enforce any rights which are in their nature open to any serious 

 question. Even before the conclusion of the reciprocity treaty Her 

 Majesty's government had consented to forego the exercise of its strict 

 right to exclude American fishermen from the Bay of Fundy, and they 

 are of opinion that, during the present season, that right should not be 

 exercised in the body of the Bay of Fundy and that American fishermen 

 should not be interfered with, either by notice or otherwise, unless they 

 are found within three miles of the shore, or within three miles of a line 

 drawn across the mouth of a bay or creek which is less than ten geo- 

 graphical miles in width, in conformity with the arrangement made with 

 France in 1839 .... Her Majesty's government do not desire that the 

 prohibition to enter British bays should be generally insisted on except 

 when there is reason to apprehend some substantial invasion of British 

 rights." 



Treaty of Wash- In 1871, a Joint High Commission met at Washington 

 ington, 1871 and, on May 8, signed the treaty of Washington respecting 

 the fisheries, Alabama claims, etc. The treaty provided that, in addition 

 to the "liberties" secured under the convention of 1818, the fishermen of 

 the United States should have the liberty "to take fish of every kind 

 except shell-fish, on the coasts of the Maritime Provinces and to land to 



