Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-08-07

cidaed by the observations which will occur in answering
the other specific queries.
I'd. Except within certain defined limits 10 which the
query put to us does not apply of opinion that by
the terms Of the treaty American citizens are excluded
from the right of fishing within three miles of the coast
Of British America and that the prescribed distance Of
three miles IS TO he measured from the hcadands
uerde points of land the OF the coast Of the
entrance Of the bays not from the interior Of such bays
or inets of the coast and consequently that right
exists the part of American citizens enter the bay of
Nova Scotia there to take fish, although the fishing being
within the bay may be at greater distance than three
miles from the shore Of the bay, Of opinion
that the term hadoad is used in the treaty express the
part OF the land have before mentioned excluding the
interior Of the bays and the nlets of the coast.
4th BY the treaty of 1918 it is agreed that American
citizens should have the liberty of fishing in the Gulf of
st. Lawrence, within certain defined limits ia common
with British subjects and such treaty does contain
any words negavng the right 10 navigate the passage Of
the Gulf Of Canso and therefore it may be conceded that
such right Of navigation is not taken away by that
vention but we have now attentvely considered the
course of navigation to the Gulf by Cape Breton and
likewise the capacity and situation of the passage Of Canso
and Of the British dominons either side and
OF opinion that independently Of treaty foreign coun
try has the right to navigate the passage of Canso
and attending to the terms of the convention relating to
the liberty of fishery to be enjoyed by the Americans we
Of opinion that that convention did not either
expressly by implication concede any such right of
using navigating the passage in question. We
also of opinion that casag bait to lure fish in the track
OF any American vessels navigating the passage would
constitute fishing within the negative terms of the
yention.
5th With reference 30 the claim of right to land
the Magdaen Islands, and to fish from the shores thereof
it must be observed that by the treaty. the liberty Of
drying and curing fish purposes which could only be
compished by andng in any Of the unsettled bays, &C.
Of the southern part Newfoundland and Of the coast of
Labrador is specifically provided for; but such liberty
is distinctly negatved in any settled bay &c. and it must
therefore be inferred that if the liberty Of landing the
shores of the Magdalen Islands had been intended to be
conceded such important concession would have been
the subject Of express stipulation and would necessarily
have been accompanied with description of the inland
extent of the shore which such liberty to be
ercised and whether in settled unsettled parts but
neither of these important particulars provided for
even by implication; and that among other considera-
tons leads to the conclusion that American citizens
hare right to land conduct the fishery from the
shores of the Magdaen Islands The word Shore does
not appear to be used in the convention in other than
the general ordinary of the word and must be
construed with reference the liberty be exercised
it, and would therefore compromise the land covered
with water far could be available for the due enjoy
ment of the liberty granted
9Th BY the convention the liberty of entering the bays
and harbors of Nova Scotia for the purpose of purchas
ing wood and obtaining water, is conceded in general
terms unrestricted by any condition. expressed implied
limiting it to vessels duly provided the
OF the voyage and of opinion that such condi
ton can be attached to the enjoyment of the liberty
It'll The rights of fishery coded to the citizens of the
United States and those reserved for the exclusive enjoy
men of British Subjects depend altogether upon the
venon Of 1873 the only existing treaty this subject
between the two countries and the material points arising
thereon have been specifically answered in replies to
the preceding queries. We have, &C.
j. DODSON
THOS. WILDE
Viscount PAIMERsToN Ec