PRINCE EDWARD ISLAND. 169 ica except in certain specified places: Pro¬ vided that the Americans could enter har¬ bors for shelter, repairs, wood and water. Prince Edward Island passed a statute in 1843 in accordance with the provisos of the treaty and steps were taken to prevent the Americans violating the articles of this treaty. Many disputes arose between both countries over the fisheries. At this time the shores of the Island abounded with fish of all kinds. Mackerel could then be taken close inshore. The high seas are of right navigable by the ships of all nations. The free swimming fish of the ocean belong by right of nature to those who take them and every man may take them who can. But property in and do¬ minion over the sea can only exist as to these portions capable of permanent possession which can be maintained by artillery from the shore. This is the origin of the three- mile limit. Now-a-days a coast gun can be fired several miles, but likely the old con¬ struction will continue. Contention again arose as to what con¬ stituted a marine league and whether from headland to headland was to be reckoned when the waters of a bay extended over three miles from each shore. The conclusion of the reciprocity treaty June 5, 1854, put an end to the controversies. The Americans were allowed to use the in¬ shore fisheries in return for other benefits and the adjustment of equivalents was pro¬ vided for. This treaty continued for twelve years. The Americans gave notice March 17, 1865, that they would abrogate the treaty in one year and it was terminated. The Canadian government then issued licenses permitting American fishermen to fish inshore. Prince Edward Island admitted Ameri¬ can fishermen to the practical freedom of their water on the 24th July, 1871, although the articles of the treaty of Washington did not come formally into operation until 1st July, 1873, not having been approved of by the United States Congress till February, 1873- In 1870 the Canadian government de¬ cided to issue no new licenses to foreign fishermen and determined that all foreign fishermen should be prevented from fishing in the waters of Canada . A friendly arrangement was finally ar¬ rived at and by the treaty of Washington (1871) it was agreed that in addition to the liberties granted to the Inked States fisher¬ men by the treaty of 1818 they could take fish of every kind except shell fish on the sea- coasts and snores and in the bays, harbors and creeks of certain provinces and the col¬ ony of Prince Edward Island , without being restricted to any distance from the shore. The salmon and -had fisheries were also reserved. An Island statute was passed in \- • agreeing to the terms of this treaty. .It was provided by this treaty of Washington that commissioners should adjust and deter¬ mine the equivalent or compensation to be paid Great Britain for the greater value of the privileges accorded the United States. The treaty continued for twelve years. During this period commissioners were ap¬ pointed who met at Halifax. Qn the part of the United States it was contended before these commissioners that the liberty of fish¬ ing in these waters and the admission of Canadian fish and fish oil duty free to their markets was equivalent to what Great Brit¬ ain obtained by the treaty. The commis¬ sioners on the 23d of November, 1877, awarded the government of Great Britain $5,500,000. Of this amount, $1,500,000 was paid over to the government of New¬ foundland and $4,000,000 to the govern-