The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1852-07-28

said United States shall have forever, in COM
mon with the subjects of His Britannia Mai
csty, the liberty to take fish of every kind
on that part of the southern coast of New
fuundland which extends from Cape Ray to
the Ramcau Islands, on the western and
northern coast of said Newfoundland, from
the said Cape Ray to the Quirpon Islands, on
the shores of the Magdalcn Islands aud also
on the coasts, bays, harbors, and creeks fom
Mount Jolly, on the southern coast Of Labra-
dor to and through the strcights OF Bclleisle,
and thence northwardly indefinitely along the
coast without prejudice, however, to any of
the exclusive rights of the lludsun's Bay
Company aud that the American fishermen
shall also have liberty, forever, to dry and
cure fish in any of the unsettled bars. harbors
and creeks of the southern part of the coast
OF newfoundland, hcrCabOvc described, and
of the coast of Labrador but so soon rs 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 agreements for such purpose
with the inhabitants, proprctors or possessors
OF the ground. And the United States hereby
rcnouncc, forever. any liberty heretofore en-
joycd 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
ions in America, not included within the above
mentioned limits Provided, however, that
the American fishermen shall be admitted Ia
enter such bays or harbors for the purpose
of shelter, and of repairing damages there
in, of purchasing wood and Of obtaining wa
ter, and for no other purpose whatever. But
they shall be under such restrictions as may
be necessary to prevent their taking, driving
or curing fish therein, or in any other manner
whatever abusing the privileges hereby re-
served to them.
1t would appear that by strict and
rigid construction of this article, fishing
vessels of the United States are preclu-
ded from entering into the bays or har-
bors of the British Provinces. except for
the purposes of shelter, repairing DANA
gcs, and obtaining wood and water. 4
bay. as is usually understood. is an arm
or recess of the sea, entering from the
ocean between capes or hcadlands and
the term is applied equally to small and
large tracts Of water thus situated 1t
is common to speak of IIudson's Bay, or
the Bay of Biscay. although they arc
very large tracts of water
The British authorities insist that
England has right to draw line from
headland to headland. and to capture all
American fishermen who may follow
their pursuits inside of that line Ii
was undoubtedly an oversight in the
Convention of 1918. to make so large a
concession to England since the United
States had usually considered that those
vast imlets or rccesscs of the ocean ought
to be open to American fishermen, a,
freely as the sea. itself, to within three
marine miles of the shore
In lSl the Legislature of Nova SEQ.
tia prepared ease for the consideration
of the Advocate General, and Attorney
General of England, upon the true con
structon of this Article of the Convcn
ton The opinion delivered by these
officers Of Il c crown was. That by til,
terms of the Convention, American citi
zens were excluded from any rights o
fishing within three miles from the coas
of british America. and that the pre-
ScriJcd distance Of three mites, is IN b
measured from the hcadhnfs or e.r
trcnc Prints If Mhd ncU Mc seq. of the
coast, or of the entrance of bays or in
dents of the coast. and consequently thu
M right crisis on tie loart Of 1,aaricd,
citizens 10 enter Mc boyS n Nora SEQ
Tia. Hcrc n takc fish, aI'hoHgh tie FISH
Mg, tciHg rUhin Hc bay, may be AT
grc0tcr diSf0Hcc Maa three mites iron
LIE share Of tie lag as we are Of opili
ion That Hc term "hcad/nd is UScd i,
the treaty IN express thepoH ofthc Ian,
ire HARE GqoIc mcntioHca: mc|mlin.
iht |"t,r'o1 oFthc L0ys, ana Tie Intent
ythe ccaa.7
1t is this construction Of the inton
and meaning of the Convention of 1918
= for which the colonies have contendet
since lsll, and which they have desired
should be enforced This the Eng!isl
Government has now, it would appear
consented to do. and the immediate eff
feet will be. the loss of the valuable fal
fishing to American fishermen com
pletc interruption of the extensive fish
ing business of New England, attcudc,
, by constant collisions of the most un
pleasant and exciting character. whicl
may end in tie destruction of human
life, in the involvement Of the Govern
ment in questions of very serious ma
tnre threatening the peace of the tw,
countries. Not agreeing that the con
strrcilon thus put upon the treaty il
contormable to the intentions of the con
tracing parties. this information is. how
ever. made public to the end that thos,