Moreover it is clear that once having entered a port, they are limited to doing that which they are specially authorised to do there, and nothing else, and are bound to leave so soon as the purpose for which they entered is accomplished; and Great Britain clearly has a right to insist upon such leaving as one of the restrictions under which by the Convention that power has a right to place American fishermen, to prevent their abusing the privileges reserved to them. It may be interesting here to examine the facilities for trade granted by the United States Government to their own fishermen. By the Act of 18 Feb. 1793, § 1, 1 Stat. 305, § 2, it is provided "After the last day of May next, every ship or vessel of twenty tons or upwards (other than such as are registered) found trading between district and district, or between different places in the same district, or carrying on the fishery without being enrolled and licensed, or if less than twenty tons, and not less than five tons in manner as provided by the act, such ship or vessel, if laden with goods the growth or manufacture of the United States only (distilled spirits excepted,) or in ballast, shall pay the same fees and tonnage in every port of the United States at which she may arrive, as ships or vessels not belonging to a citizen or citizens of the United States, and if she have on board any articles of foreign growth or manufacture, or distilled spirits, other than sea stores, the ship or vessel together with her tackle, apparel and furniture and the lading found on board shall be forfeited." (26) By the Act of the 18th Feb., 1793 § 21, 1 Stat. 323, § 13, it is provided "and if any ship or vessel licensed for carrying on the fisheries, shall be found within three leagues of the coast, with goods, wares or merchandize of foreign growth or manufacture, exceeding the value of five hundred dollars, without having such permission as is herein directed, such ship or vessel, together with her goods, wares or merchandize of foreign growth or manufacture, imported therein, shall be subject to seizure and forfeiture." (27) It will thus be seen that the United States fishermen are not (26) Brightley's Digest, p. 139. allowed to enter an American port or to come within three leagues of the coast of their own country with foreign goods on board exceeding five hundred dollars, and in fact in certain cases if they do enter a home port with any foreign goods on board, they and their lading are forfeited; and yet in the face of such legislation the President of the United States pretends that American fishermen should have powers in Canadian maritime territory which are denied to them in the United States and that they should have greater privileges accorded them there than are granted to other foreigners and British subjects. It may readily be taken for granted that the United States Government does not afford greater facilities to British than to its own fishermen, and as the coasting trade is, in the United States, closed to foreign bottoms, it may readily be imagined how a claim to trade, similar to that now urged by the President, by British fishermen in United States maritime territory, would have been received even during the existence of the Reciprocity Treaty. But as has been already observed, the rights of American fishermen are to be measured by the Convention-they have the rights of taking, drying and curing fish thereunder, they have no right to trade or to bring foreign goods, save sea stores, into Canadian maritime territory; if they do attempt to trade in such foreign goods within the jurisdiction of Canada they are liable to the pains and penalties inflicted upon smugglers. Moreover by the latter part of Art. 1, the Government of Great Britain and the United States agreed expressly that American fishermen should be admitted to enter the bays and harbours in the non-included limits, solely for the purposes of shelter, repairing damages, of purchasing wood, and obtaining water, and for no other purpose whatever—that admission moreover was to be given under such restrictions as might be necessary to prevent their abusing those privileges. Clearly then restrictions were considered necessary by both powers, and were to be framed and put in force, but as the privileges extended over British maritime territory, it is equally clear that to Great Britain was reserved under the said article her incontestable right of framing the conditions, under which foreign vessels should be allowed to enter British waters, in accordance with the provisions of the Convention. This authority has been legally delegated to Canada by Great Britain; it has been exercised by the Canadian Parliament with moderation, in accordance with the principles of International Law and the provisions of the Convention of 1818; and the restrictions imposed are not as severe as those framed by the United States Goverument for the protection of its own revenue, coasting trade, and fisheries. WILLIAM H. KERR. APPENDIX. No. 1. The definitive Treaty of Peace and Friendship between his Brittanic Majesty and the United States of America; signed at Paris, the 3rd of September, 1783. ART. III. It is agreed, that the people of the United States shall continue to enjoy, unmolested, the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulf of St. Lawrence, and at all other places in the sea where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use (but not to dry or cure the same on that island,) and also on the coasts, bays, and creeks of all other of His Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same, or either of them, shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground. No. 2. Convention between Great Britain and the United States, signed at London, October 20, 1818. ART. I. Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry and cure fish, on certain coasts, bays, harbours, and creeks, of His Britannic Majesty's Dominions in America, it is agreed between the high contracting parties, that the inhabitants of the said United States, shall have, forever, in common with the subjects of His Britannic Majesty, the liberty to take fish of every kind, on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours and creeks, from Mount Joly, on the southern shore 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 fishermen shall also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbours, and creeks, of the southern part of the coast of Newfoundland hereabove 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 harbours 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 harbours, 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. No. 3. Treaty between Great Britain and the United States, relative to Fisheries, Commerce, and Navigation, signed at Washington, June 5, 1854: ART. 1.—It is agreed by the High Contracting Parties, that in addition to the liberty secured to the United States fishermen by the above mentioned Convention of October 20, 1818, of taking, curing, and drying fish on certain coasts of the British North American Colonies therein defined, the inhabitants of the United States shall have, in common with the subjects of Her Britannic Majesty, the liberty to take fish of every kind, except shell-fish, on the sea-coasts and shores, and in the bays, harbours, and creeks of Canada, New Brunswick, Nova Scotia, Prince Edward's Island, and of the several islands thereunto adjacent, without being restricted to any distance from the shore; with permission to land upon the coasts and shores of those Colonies and the islands thereof, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish: provided that in so doing they do not interfere with the rights of private property, or with British fishermen in the peaceable use of any part of the said coast in their occupancy for the same purpose. It is understood that the above mentioned liberty applies solely to the sea fishery, and that the salmon and shad fisherics, and all fisheries in rivers, and the mouths of rivers, are hereby reserved exclusively for British fishermen. No. 4. Circular relating to Canadian In-Shore Fisheries. TREASURY DEPARTMENT, WASHINGTON, June 9, 1870. SIR,-In compliance with the request of the Secretary of State, you are hereby authorised and directed to inform all masters of fishing vessels, at the time of clearance from your port, that the authorities of the Dominion of Canada have terminated the system of granting fishing licenses to foreign vessels, under which they have heretofore been permitted to fish within the maritime jurisdiction of the said Dominion, that is to say, within three marine miles of the shores thereof; and that all fishermen of the United States are prohibited from the use of such in-shore fisheries, except so far as stipulated in the first article of the Treaty of October 20, 1818, between the United States and Great Britain, in virtue of which the fishermen of the United States have, in common with the subjects of Her Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the western and northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, which was, when the treaty was signed, 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 exclusive rights of the Hudson's Bay Company; and have liberty forever to dry and cure fish in any of the unsettled bays, harbours, and creeks, of the southern part of the coast of Newfoundland, above described, and of the coast of Labrador, unless the same, or any portion thereof, be settled, in which case it is not lawful for the said fishermen to dry or cure fish at such portion so settled, without previous agreement for such purpose with the inhabitants, VOL. 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