CIRCULARS 475 



extends from Cape Ray to the Rameau Islands, on the western and northern coast 

 of said Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores 

 of the Magdalen Islands; and also on the coasts, bays, harbors, and creeks from' Mount 

 Joly, on the southern coast of Labrador, to and through the Straits of Belleisle and 

 thence northwardly indefinitely along the coast, without prejudice, however, to any 

 of the exclusive rights of the Hudson's Bay Company; and that the American fisher- 

 men shall also have, liberty forever to dry and cure fish in any of the unsettled bays, 

 harbors, and creeks of the southern part of the coast of Newfoundland, here above 

 described, and of the coast of Labrador; but so soon as the same or any portion thereof 

 shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such 

 portion so settled, without previous agreement for such purpose with the inhabitants, 

 proprietors, or possessors of the ground. And the United States hereby renounce 

 forever any liberty heretofore enjoyed or claimed by the inhabitants thereof to take, 

 dry, or cure fish on or within three marine miles of any of the coasts, bays, creeks, or 

 harbors of His Britannic Majesty's dominions in America, not included within the 

 above-mentioned limits. Provided, however, that the American fishermen shall be 

 admitted to enter such bays or harbors, for the purpose of shelter, and of repairing 

 damages therein, of purchasing wood and of obtaining water, and for no other purpose 

 whatever. But they shall be under such restrictions as may be necessary to prevent 

 their taking, drying, or curing fish therein, or in any other manner whatever abusing 

 the privileges hereby reserved to them." 



It would appear that, by a strict and rigid construction of this Article, fishing 

 vessels of the United States are precluded from entering into the bays or harbors of 

 the British Provinces, except for the purposes of shelter, repairing damages, and 

 obtaining wood and water. A bay, as is usually understood, is an arm or recess of 

 the sea, entering from the ocean between capes or headlands; and the term is applied 

 equally to small and large tracts of water thus situated. It is common to speak of 

 Hudson's Bay, or the Bay of Biscay, although they are very large tracts of water. 



The British authorities insist that England has a right to draw a line from head- 

 land to headland, and to capture all American fishermen who may follow their pursuits 

 inside of that line. It was undoubtedly an oversight in the Convention of 1818 to 

 make so large a concession to England, since the United States had usually considered 

 that those vast inlets or recesses of the Ocean ought to be open to American fishermen, 

 as freely as the sea itself, to within three marine miles of the shore. 



In 1 841, the Legislature of Nova Scotia prepared a case for the consideration of 

 the Advocate General, and Attorney General of England, upon the true construction 

 of this Article of the Convention. The opinion delivered by these officers of the 

 Crown was, — "That by the terms of the Convention American citizens were ex- 

 cluded from any right of fishing within three miles from the coast of British 

 America, and that the prescribed distance of three miles is to be measured from the 

 headlands or extreme points of land next the sea, of the coast or of the entrance of 

 bays or indents of the coast, and consequently that no right exists on the part of 

 American citizens to enter the bays of Nova Scotia, there to take fish, although the 

 fishing, being within the bay; may be at a greater distance than three miles from the 

 shore of the bay; as we are of opinion that the term headland ' is used in the treaty 

 to express the part of the land we have before mentioned ; including the interior of 

 the bays, and the incidents of the coast." 



It is this construction of the intent and meaning of the Convention of 1818, for 

 which the colonies have contended since 1841, and which they have desired should be 



