The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-07-31

The English Interpretation of the Fishery
Treaty of 1913.

The English Interpret alton of the Fishery
Treaty of 1918.
The following legal opinion respecting the inter
preiatlon OF the treaty of 1913, was given by the
Queens law officers, the Advocate and the Attorney
General, In compliance with requisition on this
subject made by Lord Palmerston in loil:--
QUERY lin obedience to your lordsbips commands
We ave taken these pagers into ieraion aud have
the honor to report that of opinion that the treaty
OF 1908 was annued by the of 1872 are also OF
opinion that the rights OF fishery of the United States must
now be considered defined and regulated by the con-
venon OF 1873 ana with respect to the general question:
II SO what right - we can only refer to the terms of
the convention explained ard elucidated by the OBJ.
scrvaiions which will in answering the other spec
1c queries
Except within certain defined limits to which the
query put to us does not apply Of opinion that
cluded from the right of fishing within three miles of the
coast OF British America aud that the prescribed dis
rance OF three miles Is to be measured from the head
ands extreme points of land next the the coast
or OF the entrance of the bays and from the interior
OF such bays or inets Of the and
that no right exists the part of American citizens to
enter the bays OF Nova Scotia there to take although
the fishing being within the bay may be OF greater dis
lance than three miles from the shore of the bay as we
are OF Opinion that the term headand used in the
treaty to express the part Of the laud have before
mentioned excluding the interior Of the bays and the
4-By the treaty of 1918 it is agreed that American
citizens should have the liberty of fishing in the Gulf of
81 Lawrence within certain defined limits in common
wh British SUBJECTS and such treaty does not contain
any words negatvng the right navigate passage of
the Gut of Canso and therefore may conceded that
vention but we have now attentiyey considered the
course OF navigation to the gulf by Captain Breton and
likewise the capacity and situation of the passage of
Canso ana OF the British dominions eli hex side and
we areof opinion that Independently of treaty no for
een country has the right to navigate the passage
OF Canso and attending to the of the convention
relating TO the liberty Of fishery be enjoyed by the
Americans we are also Of opinion that that convention
od not either expressly or by implication concede any
such RIGHT OF using or navigating the passage in ques
ton We are also of oponion that casting bait lure
fish in the track Of any American vessels navigating the
terms Of the venton.
b.-Witb reference to the claim of right to land on
the magdalen Islands ana TO fish from the shores there
or must be obssrsed that by the treaty the liberty of
drypg and curing sh purposes which could only be
accomplished by andng) in any Of the unsettled bays
&c OF the southern part of Newfoundland and OF the
coast OF Labrador specifically provided for but such
privilege distinctly negatived in any settled bay sc
and it must therefore benerred that if the liberty OF
landing on the shores of Che Mardolen islands had been
nded to be conceded such important conc esson
would have been the subject Of express spulson and
would necessarily have beer accompanied with des-
cripton OF the inland extent Of the shore which
such liberty TO be exercised and whether in settled
or unsettled parts but neither Of these important par
ticulars are provided for by implication and that
among other considerations leads the conclusion
that American citizens have right to land conduct
the fishery from the shores of the Magdaen Islands The
word shore does not appear to be used in the 0onven
ton in any other than the general ordinary of
the word and must be construed with reference the
heryo be exercised upon it and would therefore com
promise the land covered with could be
available for the due enjoyment Of liberty granted
6-By the Convention, the liberty of entering the
bays and harbors OF Nova Scotia for the purpose
chasing wood and obtaining water is conceded in gem
era terms unrestricted by any condition expressed
implied limiting it to vessels duly provided the COM
mencement Of the voyage and Of opinion that
no such condition be attached to the enjoyment Of
the liberty
THE rights Of fishery ceded to the citizens of the
United States and those for the exclusive en-
joym mt of British nbjocts depend altogether upon the
Convention Of 1918 the only existing treaty on this sub
ject between the two countries and the material points
rising thereon, have been specifically answered in our
rantia n he nra ltnp vfa have e,
(Signed) j. D0DS0N,
THO'S WILDE