220 



the comity between nations, aside from the assurance of the British 

 charge d'affaires, required that while negotiations were pending, the 

 officers of the British navy on the American station should have been 

 instructed to suspend captures, and to have merely warned off such 

 vessels as were found infringing upon what were held to be British 

 rights ; for it is to be recollected that, claiming, as we did, to fish under 

 the treaty of 1783, we were entitled essentially to exercise all the 

 privileges of catching enjoyed by British subjects, until the differences 

 between the two cabinets were adjusted. 



On the 14th of June, J 819, Parliament passed "An act to enable his 

 Majesty to make regulations with respect to the taking and curing fish 

 on certain parts of the coasts of Newfoundland, Labrador, and his 

 Majesty's other possessions in North America, according to a conven- 

 tion made between his Majesty and the United States of America." 



It is now pretended that this law asserts the recent construction of 

 the convention, as relates to our exclusion from the great ^'bays." 

 That pretension will be examined in due time. The act, after reciting 

 the first article of the convention, provides, first, that "it shall and may 

 be lawful for his Majesty, by and with the advice of his Majesty's 

 privy council, by any order, or order in council, to be from time to 

 time made for that purpose, to make such regulations, and to give such 

 directions, orders, and instructions to the governor of Newfoundland, or 

 to any officer or officers on that station, or to any other person or per- 

 sons, whomsoever, as shall or may be from time to time deemed 

 proper and necessaiy for the carrying into effect the purposes of the 

 said convention, with relation to the taking, drying, and curing of fish 

 by inhabitants of the United States of America, in common with British 

 subjects, within the limits set forth in the said article of the said con- 

 vention, and hereinbefore recited; any act or acts of Parliament, or 

 any law, custom, or usage, to the contrary in any wise notwithstand- 

 ing." 



Second, that " it shall not be lawful for any person or persons, not 

 being a natural-born subject of his Majesty, in any foreign ship, vessel, 

 or boat, nor for any person in any ship, vessel, or boat, other than such 

 as shall be navigated according to the laws of the United Kingdom of 

 Great Britain and Ireland, to fish for or take, dry, or cure, any fish of 

 any kind whatever, within three marine miles of any coasts, bays, 

 creeks, or harbors whatever, in any port of his Majesty's dominions in 

 America, not included within the limits specified and described in the 

 first article of the said convention, and hereinbefore recited ; and that 

 if any such foreign ship, vessel, or boat, or any persons on board there- 

 of, shall be found fishing, or to have been fishing, or preparing to fish 

 within such distance of such coasts, bays, creeks, or harbors, within 

 such parts of his Majesty's dominions in America, put of the said limits as 

 aforesaid, all such ships, vessels, and boats, together with their cargoes, 

 and all guns, ammunition, tackle, apparel, furniture, and stores, shall 

 be forfeited." 



Third, that "it shall and may be lawful for any fisherman of the said 

 United States to enter into any such bays or harbors of his Britannic 

 Majesty's dominions in America as are last mentioned, for the purpose 

 of shelter and repairing damages therein, and of purchasiag wood and 



