.^^s^.

^ X"^ ^

w ^>

iMAGE EVALUATION
TEST TARGET (MT-3)

1.0

■it 1^

I.I

!« Ei' 120

11.25

1.4

Photographic

Sciences
Corporation

iyr«iiiilr>iri,iiini.,-_ <.

23 WEST MAIN STREET

WEBSTER, N.Y. 14580

(716) 872-4503

CIHM/ICMH

Microfiche

Series.

CIHM/ICMH
Collection de
microfiches.

Canadian Institute

for Historical MIcroreproductlons / Institut Canadian de microreproductlons historiques

Technical and Bibliographic Notes/Notes techniques et bibiiographiques

The Institute has attempted to obtain the best
original copy available for filming. Features of this
copy which may be bibiiographically unique,
which may alter any of the images in the
reproduction, or which may significantly change
the usual method of filming, are checlced below.

D
D
D

D
D
D
D

Coloured covers/
Couverture de couieur

Covers damaged/
Couverture endommagde

Covers restored and/or laminated/
Couverture restaurde et/ou pellicula

Cover title missing/

Le titr^ de couverture manque

Coloured maps/

Cartes gdoyraphiques en couieur

Coloured inic (i.e. other than blue or blacic)/
Encre de couieur (i.e. autre que bleue ou noire)

Coloured plates and/or illus'i:ration&/
Planches et/ou illustrations en couieur

Bound with other material/
Reli6 avec d'autres documents

Tight binding may cause shadows or distortion
along interior margin/

La re liure serrde peut causer de I'ombre ou de la
distortion le long de la marge int6rieure

Blank leaves added during restoration may
appear within the text. Whenever possible, these
have been omitted from filming/
II se peut que certaines pages blanches ajout6es
lors d'une restauration apparaissent dans le texte,
mais, lorsque cela dtait possible, ces pages n'ont
pas 6t6 film^es.

17^ Additional comments:/

12^ Comm/pntaires suppldmentaires:

L'institut a microfilm^ le meilleur exemplaire
qu'il lui a 6t6 possible de se procurer. Les details
de cet exemplaire qui sont peut-dtre uniques du
point de vue bibliographique, qui peuvent modifier
une image reproduite, ou qui peuvent exiger une
modification dans la methods normale de filmage
sont indiquds ci-dessous.

D
D
D
D
D
D
D
D
D
D

Coloured pages/
Pages de couieur

Pages damaged/
Pages endommag^es

Pages restored and/or laminated/
Pages restaurdes et/ou peiliculAes

Pages discoloured, stained or foxed/
Pages d^coiorAes, tachettes ou piqutes

Pages detached/
Pages ditachtos

Showthrough/
Transparence

Quality of print varies/
Quality in^gale de I'impression

Includes supplementary material/
Comprend du materiel suppl^mentaire

Only edition available/
Seule Edition disponible

Pages wholly or partially obscured by errata
slips, tissues, etc., have been refilmed to
ensure the best possible image/
Les pages totalement ou partiellement
obscurcies par un feuillet d'errata, une pelure,
etc., ont 6tA filmtes d nouveau de fa9on d
obtenir la meilleure image possible.

This item is filmed at the reduction ratio checlced below/

Ce document est film^ au taux de rMuction indiqud ci-dessous.

10X 14X 18X 22X

12X

26X

30X

16X

20X

24X

28X

32X

■' '^«*m i mm » mmfim ii i i m m»im»^'-

tails
\ du
odifier
une
mage

The copy filmed here has been reproduced thanks
to the generosity of:

Library of Congress
Photoduplication Service

The images appearing here are the best quality
possible considering the condition and legibility
of the original copy and in keeping with the
filming contract specifications.

Original copies In printed paper covers are filmed
beginning with the front cover and ending on
the last page with a printed or illustrated impres-
sion, or the back cover when appropriate. All
other original copies are filmed beginning on the
first page with a printed or illustrated impres-
sion, and ending on the last page with a printed
or illustrated impression.

The last recorded frame on each microfiche
shall contain the symbol — ^^ (meaning "CON-
TINUED"), or the symbol V (meaning "END"),
whichever applies.

IVIaps, plates, charts, etc., may be filmed at
different reduction ratios. Those too large to be
entirely Included in one exposure are filmed
beginning in the upper left hand corner, left to
right and top to bottom, as many frames as
required. The following diagrams illustrate the
method:

L'exempiaire film* fut rcproduit grdce d la
g6n6rosit6 de:

Library of Congress
Photoduplication Service

Les images suivantes ont 6t4 reproduites avec le
plus grand soin. compte tenu de la condition et
de la nettet^ de l'exempiaire film6, et en
conformity avec les conditions du contrat de
filmage.

Les exemplaires originaux dont la couverture en
papier est ImprlmAe sent film6s en commen?ant
par le premier plat et en terminant soit par la
dernidre page qui comporte une empreinte
d'impression ou d'iliustration, soit par le second
plat, salon le cas. Tous les autres exemplaires
originaux sont filmds en commenpant par la
premidre page qui comporte une empreinte
d'impression ou d'iliustration et en terminant par
la dernidre page qui comporte une telle
empreinte.

Un des symboles suivants apparaitra sur la
dernidre image de cheque microfiche, selon le
cas: le symbols — ^ signifie "A SUIVRE ". le
symbols V signifie "FIN ".

Les cartes, planches, tableaux, etc., peuvent §tre
film6s a des taux de rdduction diffdrents.
Lorsque le document est trop grand pour dtre
reproduit en un seul clich6, il est film6 d partir
de I'angle sup6rieur gauche, de gauche d droite,
9t de haut en bas, en prenant le nombre
d'images n6cessaire. Les diagrammes suivants
illustrent la m6thode.

rrata
o

lelure.

32X

><j!«

.Y'^y

\<^

■y

tU r, ':^^}J: o'- ^^-j '■

MEMORANDUM

UKSPKCTING I'HE

NORTH AMERICAN FISHERIES.

[ PREPARED FOR THE INFORMATION OF THE AMERICAN

COMMISSIONERS WHO NEGOTIATED THE

TREATY OF MAY 8, 1871.]

■■:i

All

]

wil
ma
uia

(

a I

lO'
CO
W(

la
in

-it

THE FISHERIES.

1. HKIHTS AS UEflNBD BV TREATY.

The convention of 1818, lierelnafter referre.! to, Rives to
^rCSt:"n"rn.,nou „it. Bnt.h ...cnne,, to >»
:;^^^Z^^:X<^, on t„e anne^e,.

;t,irof'p=»4rol:j; a^for-USS/water, .S.a
'°';it,SrsTtercteKat tUls i» a pW»«». to t^Ueir

forevlr Je liberty to take, '^ry, or c^xre ^«h w.tlu th^^^^^^
marine miles of any of the coasts, bajs, creeks, or naiuuia
of the British doiniuiona iu America.

2. CHARACTER OF THE FISHERIES.
The fisheries are known as the deep^ea and the inshore
^'xheTatter are principally for herring and mackerel ; and \

the cod and halibut fisheries.
97 r

3. VALUE OF THE JJKIT18H COLONIAL MARINE FISHERIES.

The value of these fisheries, as given in the latest accessi-
ble returns, is —

New Brnnsw.ck 'o3S 576 00

NovaScot.a 2,501507 00

NewfouiH land 7 005 807 40

Prinr-c Edward's Island i6«» r,so on

Magdalen Islands :.:;::. 7i;350 6o

'^^^*^^ 11, 433^7 00

The fisheries of Newfoundland are principally deep-sea
flshenes. The consul at Halifax gives it as his opinion that,
"of the aggregate products of the whole colonial fisheries
the m shore lisheries— which are pursued chietty for mack-
erel and herring— constitute the smaller portion; probablv
not more than one-fourth of the whole."

4. VALUE OF THE AMERICAN FISHERIES.

Mr. T-Iortimer Jackson, the consul at Halifax, says: "The
number of American fishing vessels engaged in the deen-
sea fisheries off the coasts of the British North American
provinces is, as near as can be estimated, about 1,400, with
an aggregate tonnage of nearly 100,000 tons, employing
about 17,000 men. They pursue the fisheries on the banks
ol Newfoundland, in the Gulf of St. Lawrence, and on the
western banks. On the banks the fisheries are pursued for
cod and halibut, and in the Gulf of St. Lawrence princii)allv
for mackerel The capital employed in these fisheries is
estimated at between eight and nine millions. The aggre-
gate annual yield is about seven millions of dollars. The
deep-sea fisheries are exclusive of the in-shore fisheries,
which were alone affected by the abrogation of the reel!
procity treaty. During the existence of that treaty, and sub-
sequently, to a limited extent, under the license system, the
inshore fisheries were pursued by our fishermen chiefly for /
mackerel. The quantity so taken, however, did not exceed, on
an average, in any one year, more than one fourth of the whole
catch of that description of fish:' [Manuscript dispatch ¥o.
307, January 23, 1871.) jt

o?i^' ^\?' ^^^}^y^ «f Boston, says: "The fisheries of the
State of Massachusetts for whale, cod, mackerel, and her-
ring produce yearly about twelve millions of dollars, of
which less than a sixth are usually drawn from our fisheries
l?J o '*". ^^ ®*- J^awrence." (Manuscript Review of the
Ottawa Kevtew of the President's Message.)

5. MARKETS FOR CANADIAN FISH.

The Newfoundland cured codfish find a large market in
Spain, Portugal, the Mediterranean, South America, and
the West Indies.

' 1

-if.:ta\ .':.^;:iiy^;^i;

'I8HERIK8.
eHt accesBi-

040, 240 46

rm, 576 00

501,507 00

1)05,807 40

100, 580 00

71,360 00

133,067 00

y deep-sea

iuioii that,

1 tlHberies,

for inack-

probably

ays: "The
the deep-
American
,400, with
iinployiug
the banks
•ad on the
irsued for
rincii)ally
sheries is
'he aggre-
ara. The
fisheries,
the reci-
, and snb-
rsteni, the
Jhiefly for
exceed, on
' the whole
patch ¥o.

ies of the
and her-
ollars, of
• fisheries
ew of the

larket in
rica, and

With that exception, the United States fiiniisli tlie best
market. This murket, especially as t(» mackerel, has not
been )Mjnre<l by the abrogation of the reciprocity treaty.

"It was fnlly demonstrated, during the existence oftlio
reciprocity treaty, that the admission of American fishing
vessels to a common participation in the privileges accorded
to British vessels, instead of being injurious, was, on the
whole, beneficial to the interests of the provincial Usher

J?,"";!!- (.'''""W*^*"'/'^ »«P«'^ o/<At* comul at Halifax, Janmn
Jo, 18/ 1 .)

6. DIPLOMATIC HISTORY. *

The in shore fisheries were acquired to Great Britain by
the treaty of Paris, (1763,) which terminated the French
dominion on this continent, and were enjoyed from that time
till the Kevolution by the inhabitants of the original thir-
teen States in common with the other inhabitants of the
British empire.

In the negotiations preceding the treaty of '83, an attempt irn. vov 30
was made to induce the American commissions to give up
the fisheries, which John Adams met by saying, "I will
never put my hand to any article without satisfaction about
the fisheries." Finding the commissioners firm on this
question, the provisional articles were signed November 30
1782, and '

♦1 "II'® definitive treaty of peace" was signed, of which its. sept. 3.
the 3d article (being identical with Article III of the pro-
visional articles) reads thus:

Akticlk III.

It iti agreed that the people of the United States sh.tll continue to
eiijoy uniuoleBted the right to take tiHh of every kind on the Grand Bank
and on all the other banks of Newfoundland; also in the Gulf of 8t'
Lawrence, and at all other places in tlie sea where the inhalutants of
both conntnes nsed at any tiijo heretofore to lish; and also that the
Inhalntants ot the United States shall have liberty to take tish of every
kind on such part of the coast of New Foundland as British fishermen
shall nse, (but not to dry or core the same on that island :) and - 1 ou
the coasts, bays, and creeks of all other of His Britannic Males lo-

rninions in America; and that the American fishernien shall have iu-ctv
to dry and cure fish in any of the unsettled bays, harbors, and creeK.< of
JNova Scotia, Maedalen Islands, and Labrador, so long as the same shall
remain unsettled; but so soon ao the same, or either of chem, 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.

The fisheries were among the questions discussed bv the isis-u
commissioners for negotiating the treaty of peace "^that
c o.sed the war of 1812. The United States commissioners
claimed that the treaty of 1783 conferred no new rights
upon the United States ; that it was an agreement as to a
division of property which took place on the division of the
British empire after the success of the American Kevolution
and was not in that respect abrogated by war. The British
commissioners, on the other hand, held that, while the
treaty of 1783 recognized the right of the United States to
the deep-sea fisheries, it conferred privileges as to the in- /
shore fisheries and the use of the shores which were lost bv

IHU, Dec. -J I

IMt», JiiiiK n

tRI9-'l6.

a (lecluratioii of war. The partioH beiutf unable to agree,
(Dec Am. St. Pap., For. Rel., vol. 3, pnyen 732 et iieq.)

The treaty of Ghent was concluded without allusion to
the flsheries.

Lord Bathurst instructed the governor of Newfoundland
that ''on the declaration of war by the American Govern-
ment, and the consequent abrogation of the then existing
treaties, the United States forfeited, with respect to the
fisheries, those privileges which are purely conventional ;
and, as they have not been renewed by stipulation in the
present treaty, the subjeiits of the United States can have
no pretense to any right to fish within the Hritish jurisdic-
tion, or to use the British territory for purposes «!onnected
with the fisheries." (Review of President's Message, Ottawa,
Decemher, 1S70.)

This position resulted in a long correspondence between
Mr. John Quincy Adams and Lord Bathurat, which ended
by the British government adhering to its position. The
correspondence may be found in Foreign Relations, vol. 4,
page 352 et seq.
\m. Nov IT. Mr. Bagot, British minister at Washington, reasserting
Lord Bathurst's construction of the treaty of 17H3, and of
the efteot cf the war, proposed a new arrangement, ujjou
the basis of a concession of the right to cure fish on certain
coasts, to fish within British limits on certain coasts, and of
a renunciation of the right to fish within those limits on all
other coasts. The first proposition made was not an accept-
able one.

Another proposition was made, which, although not ac-
cepted, appears to have been tlie basis of the subsequent
arrangement. (lb., page M5 et seq.)

Instructions having been issued by Great Britain to seize
foreign vessels fishing or at anchor in any of the harbors or
creeks in Her Majesty's British North American ijossessions,
or within their maritime jurisdiction, and send them to
Halifax for adjudication, several vessels were seized, and
information officially communicated to this Government.
(lb., page 3G9,)

Mr. Gallatin, envoy extraordinary and nunister plenipo-
tentiary to France, and Mr. Rush, envoy extraordinary and
minister plenipotentiary to Great Britain, were then empow-
ered " to agree, treat, consult, and negotiate, of and con-
cerning the general commerce between the United States
and Great Britain and its dominions or depeiulencies, ami
such other matters and subjects interesting to the two
nations as may be given to them in charge, and to conclude
and sign a treaty or treaties, convention or conventions
touching the prennses." (lb., page 372.)

Their instructions related to the prolongation of the treaty
of commerce of 1815, (8 Stat, at Large, 228;) to the com-
merce and intercourse with the British colonies in the West
Indies and North America; to indemnify to the owners of
slaves carried away after the ratification of the treaty of
Ghent; to the boundary line between the United States'aud
the British possassious: and to the fisheries, ilb., pages
371-2.) \ ^r J

nee. ;ti.

1817, All)., f.

IKIH, Miiv

.'I

' '•'-'■""l*""

vol. 4,

Thoy nrraiiffod for all tlie.sc poiiitH, oxcppt tli« coinmorco
witli tluMioloiiicH, ill wliicli tli« llritisli ministry of that iliiy
were not (liHpoHccl to allow the IJniti'd Htatcs to sliaie. (Ih.,
page MO.)

At tlie tliinl <!onfer»!ii(!o of tiit^ comniissioiK'rs tlui Aiiicri- ;<i|ii w.
can plcnipoft'iitiarics siil)iiiitt<!<l tlieir propost'd atticlcH,
ainoiij,' wliicli was the IbllowiiiH' lelatiiifj to tlio fisheries:

AUTICI.K X."

WlicreaHilinvi'tMircH liitvciiriHi'ii rfH|iiH'tiii)r tli<> lihfirty (:liiitii«il liy tlio •
UnittMl HtiitoH for tlif iiilinltitantH tlun^ol' to take, (Iry/uiiil niri' HmIi <m
certain coaHtH, l>a.\H, liarlmrN iiiiil creeks of His Hritatitiie MiiJenty'H do-
iniiiioiiH in Auieriea, it in a;;ree(l between the hijjli eontiaetiii;; parties
that tlie inliaWitaiitN of liie Nai<l United Slates Hhatl continue to enjoij iin-
molislid, forever, tlie lilierl.v to lake IIhIi of every kind on that part of
tlieHoutiiern eoasl of Newfoundhind wliieli ex tenifN from Cape Hay to tho
Ruineiiii iMlandH, anil the weHtern and northern oo.'int of Newfoninlland,
from the said Cape Ray to (jiiirpon iHlnnd, on tint MaK<lalen iNlands,
and uIho on the coaHtH, hays, harborN, and I'reek^ from Monnt .loli, on
the HOMthern eoaHt of I/ahrador, to and thronnh tlie Straits of Helleislti,
and thence northwardly indetinitely aloiiK llni coast; and that the
American lishermen shall also have liherty, forever, to dry and ciir(< llsh
ill ai-yof the nnsettlei! hays, harlxu-s, and'crecksof the sinitherii jiartof
the coast of Nev.fonndlaiid, here above described, o/'//i<. Maijiinlen lnlandB,
and of r^abrador, an hire nborv, deKcrilicd ; Itiit so soon as the same, or lithir
of them, shall he selth'd, it shall not be lawful tor the said tishcriiien to
dry or eiir«' tish at such 8cttlniniit without previous afrreoineiit for that
purjiose with the inhiibilants, proprietors, or poNsessois of the ground;
anri the United States hereby renounce any liberty heretofore enjoyed or
claimed by the inhabitants thereof to take, dry, or cnre lisli on or within
throe marine miles of any of the coasts, bays, creeks, and harbors of His
Britannic Majesty's duiniiiions in America not inclndud within the above-
mentioned limits: I'rorUlid, howvvn; That the American tisliernien shall
bo admitted to enter sncli bays and harbors for the purpose oiili) of
obtainiiiji shelter, wood, water, and bait, bnt nnder /inch re.slricliottH as may
he nccAHHavji to prtreut their drying or cnring llsh therein, or in any other
manner abusing t\w privilege hereby reserved to them.

At the fifth conference the British plenipotentiaries i)re- "^i*. i>«t. «.
sented a com.ter project, of which the part relating to the
fisheries was in the following language:

ARTICI.K A.

It is agreed that the inhabitants of the United Stales shall have
liberty to take fish of every kind on that jiart of tho westeru coast of
Newfoundlaud which extends from Cape Ray to the Qiiirpon Islands,
and on that part of the sonthern and eastern coast of Labrador which
extends from Monnt Joii to Hnntingdon Islands. And it is further
agreed that the lishermeii of the United States shall have liberty to dry
and cure tish in any of ilie unsettled bays, harbors, and creeks of the
said south and east coast of Labrador, so long as the same shall remain
unsettled ; bnt ...^soon as the sanii-, or any part of them, shall he settled,
it shall not be lawfnl for the said fishermen to dry or cure tish without
a previous agreement for that purjiose with the inhabitants, proprietors,
or possessors of the ground.

And it is further agreed that nothing contained in this article shall
be construed to give to the inhabitants of the Unite<l States any liberty
to take fish within the rivers of His Britannic Majesty's territories, as
above described ; and it is agreed on the part of tlie United States that
the tishermen of the United States resorting to the mouths of such
rivers shall not obstruct the navigation thereof, nor willfnlly injure nor
destroy the Bsh within the same, either bysotting uots across th months
of such rivers or by any other means whatever.

* Tlite words in itallrs were erasori ag the articlu was tinally agreed to, and, in moat
oases, otiier words subatitnted in their places. (See poit.)

IIIn Hrituiiiiic Miij^Hly fiirtlur iikiimm Miut tint vchnkU of llm llnilttd
8tat<N, lionu Jlilf tnnnKiil In hikIi fUlii ry, nIhiII Imvo libfit.v to.Min-r the
l»ii\H ntiil liiirlioiM of liny <if HIm Hiitiiiinir MiiJintN'H (InnilnionN in North
Aincricii for tho ))nr|ioHt) ot'Hli«llcr or of rt'imirinji; ilaiMiit(«ii llM-mln, and
of imrchtiHinK wood and olilainliiK waliM', and for no ollii'r |iiir|Hmo, and
all vchmvIn BO M'Norlini{lo thoNaid ItayNund harliorH chilli hi- nndnrsuch
rt'HtrliMionH nn may Im nt-et-NMary to prtnt^nt tlit-ir taking, drying, or
I'liriiiK IIhIi tlirri'in,

It is fnrthtM' w(>ll nndnrHtood that tin* lllnily of taking, ilrying, and
curing liMh, Krantt-d in tlm jiniicdini^ pari ol "tliiN arlicit-. Hhall not ho
roimtnird to fxlt-iid to any |)iivilc^.( of carrying on trade with any of
IllsHritannii' Miijcxty' •^n'UJiTtH rfnidinn within tho limits litiri'inhf'foro
ussiKniul for the nso of li • IlKliermon id' the United Stalls t'ur any <d' the
purposes aforesaid.

And in order the iiion) ellectnally to jc'iKfl a^aiiiBt NiMii(;f;linK> " "ImH
not he lawfnl for the vessels of the United .Slates enna^id In the said
flslitiry to have on hoard any goods, wares, or nierehamlise whatever;
except such as may l)e iieeewsary for tlu^ jtroseimtion of the lishery or the
Htipport of the lisherinen while engaged therein, or in the proseciitiim of
tlit'ir voyages to and from the said (ishing groiinils. And any vessel of
the United .States wliich shall eontraveiie this regulation may he seized,
condemned, and eonliseated, together with her cargo.

1H1H, <Kt. 7. Tbe American idenipotoiitiaries replied to thiH us follows:

FISHERIES.

isia. (VI 11.

Oct. m.

The American ]tlenipotentiaries are not i.iitliori/.i'd hy their instrnv-
tions to assent, to any article on that snhject wliitdi shall not secure to
the inhaliitaiits id' the United Htal.es the lilmrly of taking tish of every
kind on the sontliern coast of Newfoundlami frmu Capo Kay to llio
Rainea Islands, and on the coasts, l)ays, harhors and creeks from Mount
Joli on the sontherii coast of Labrador to and Ihrongh the Htraits of
Belleisle, and thence northwardly indellnitely along the coast, and also
the lilxTty of drying and enring tish in any of the nnsettled hays, har-
bors, and creeks of Labrador, fiiid of the soulhern coast of Newfouiid-
Innd, as aliove descrilicd, with the proviso respecting such of the said
bays, hiirbors, and criM-ks as may be settled.

The lilierty of taking tish within rivers is not asked. A (Positive
clause to except them is unnecessary, unless it ho intended to compre-
hend under that name waters which might otherwise be considered as
bays or creeks. Whatever extent id' llshing ground may be seuiired to
American lishernKMi, the American plenipotentiaries are iiot prenared to
accept it on a tenure or on conditions ditferent from those on which the
'^hole has heretoloi-e been held. 'I'heir instructions did not anticipate
that any new terms or restrictions wmild be annexed, as none were
suggested in the proposals made l)y Mr. Hagot to tlie American (Jov-
ernnient. Tim clauses forbidding the spreading of nets, and making
vessels liable to conhseation in ea.se any articles not wanted for carry-
ing on the fl.sliery should be found on' board, are of that description,
and would expose the tisln^'uien to endless vexations.

At tlie sixth coiifeiTiice the Aiiieiictin ]il('iii]>oteiitiiii'ie»
dediifed that they could not ayree to the article on the tt.sh-
erieH brought forward by the British pleiiipoteiitiarics at the
l)r«'<;e<liiiy- conference, (/ft., pat/e 31)15.)

The Briti.sh plenipotentiaries presented the following ar-
ticle as to the fisheries:

ARTtfl.K A.*

Whert^as dill'erences have arisen respecting the liberty claimed hy the
United States for the inhabitants thereof to take, dry, and euro tish on

* The words in llalit'H were iiiHerted by the tSritisli coiiiiniHxionnr!* in lien (Ki'Dcrnlly)
of other worilH t'niseil fKira the proioct Hiibniltti'U by the Ainoriciiii coiiuniHsioni'rH on
the 17th of SeptuiiibiT. In sumo cases the worda in ititlics niu additions. (See ante.)

<>\

^a^'^i^tr.ij- ,

' tim lIiiittHl
toi^ntrr tlio
DUN ill North
llici'iiiii, aiiil
iiii'|iiiNis and
■ iiiiitHr Hiich
;, (liyiiiK, «r

ilryliijr. and
xlnill not' 1)0
with liny of
Ktrt'lnlictort)
ir any (if t.lio

ling, it Hlinll

ill tlio Hltid

•1 wliiuovor;
slicry or tlid
oHvciition of
ny vt'HNiil of
ly li« si'i/eil,

18 fullowa :

ii-ir iiiHtiiiv-
ot Hi'cnro to
imIi of (ivory
Kay to the
from Mount

10 HtraitH of
iHt, and alHo
il lmyn, liar-

Ncwfouiid-
of ilio Huid

A ;io8itive
, to coiiipre-
iimidonvl as
u Htiviirod to
imMiar^d to

11 wliiiili the
t anticipate
1 none were
criciin (lov-
iiid making
id for carry-
deHcriptiun,

)t(Mitiane8
II till*, tish-
rii's at tbe

lowinfj ar-

imed by the
euro tisii on

icu (nt'Donilly)
iiniHHioni'i'H (in
». (See ante.)

<l\

certain i oiiHtN, liayN, harliot'M, and crcHkit of IIIh Itrllaiinifl MnJcMty'H do-
niinioim in Aiiicrira :

It iH a^r I lii'twiii'ii till' hiKli •'onlriivtiiiK )iarlli'K thai tlif inlialiit-

antHof thi< Maid Ifiiitid Htatrmi/in// liiiri\ Jinivn-, iu lommoti wiHi lliiHiib-
jmtn of llin Urilaiiiiio MiiJihIii, lh<> liln'rty lo take li^li of i-vrry kind oil
thill pail of tile Noiiihrrii n.iiNt of Ninvt'onndland wliicii ••xIimiiIn from
C'ap<' Hay lo tlio {{anica iHlainlH; on tlic wrNlcni and iiorllit'in coiinI of
NinvfiMiiiillaiKl, fioiii tlii^ Hitid ('api< l>ay lo tin' ijiiirpon IhIuihIn; on lliii
nhorcH ii{ liir .Mii(;ilali-n IslaiidH, and alHo on tlii' cuaNlN, liayi, liarhoi'H.
and I'i'ci'kM from Moiini ,loli, on ihi< soiiihcrii coiist of halirMilnr, to anil
thlonuli thit HlrailN of Mi'lliiMlit ; and lln'iiro iiortiiwardly, iiidi<liiiitidy,
ahiii); tho .oiiMt, irilliiiiit iirfjiiilicr, Imwi rrr, In iiiiii aj' tlir rji^liisirv riiihtn
of the lliiilnoii'ii 11(111 (omiiaiiji; and lliat llio Aniin lean riHliiM'iiii-n nIiiiII
alHo havr lilicrty, lorovfr, to dry and cnri' lish in any of Iho iinsottii'd
hayH, liiiilioi'N, and crcckH of liio Hoiilhiiii part of tlio coaHt of Now-
fonndlaiid, hero ahovc dxHi^rilii'd, and n/' /Ar v.iinnt of ijalirador; Init ho
Hooii u« Ihii Hiinm, or nuji itorlhin llineof, shall he .m^ttlt'd, it nIiiiII not ho
lawful for llio naid liNlu'rnii'ii to dry or earn ti.ili at hwvAx porlioii «(> get-
tle/i without piwioiis a;{ri'i'iiii'nt I'ov micli piirpoNi^ with tint inliahitantH,
propriclorH, or poNNi'Ni,orn of tho ground.

And tho (Jniti.'d 8taloM hi'i'idiy nMioiincr, /orerer, any lihrrty lioreto-
font fiijoyrd or clainn'd hy the inliahilai;l« tliiMi'of to takr, dry, orciiro
tltdi on or within tlirci' iiiarino iiiilfN of any of llio coastM, hayn, (^reokH,
or liarliorH of IIIh llriliiniiic MajcHly'H iloiniiiioiiM in AnuM'ii'ii not in-
cluded within the ahove-iiit'iitioned liiiiitHt I'rovidi'd, however, That
the Ainrrican liMhrrinen Hliall he adiiiitlcd to enter Niicii liiiyn or liar-
horn for the pnrpoNe it( nlirtlii\ and of rvimiiiiuj (laminiex thortin, of jiiir-
ohoniiig iiood nmi ohluiiiiii;/ iratu', and for iin other purpose ivhulevcr.
Hill thi'ii hIkiII he under miiili reHtririioim an mail he iieeensurii lo pnreiit Iheir
taking, dryiii},', or eiiriii); IInIi therein, or in any oilier inaiuier wAatei^cr
ahiisiiig the iiririleijii heridiy leHerved to them.

This artirlo was accepted by the Aim-rican coinniisHioit-
ers, and i.s identical with arti(;le incorporated in the conven-
tion. (>S Stat, (it Lfirpe, page '2AH.)

Tbe compai'iNon of this article with the article submitted
by the American coiiimi8.><ionera, on the 17tli of September,
shows that the only material cliange made, so far as the
present discussion is concerned, was in the exclusion of the
word "6rt(7." It is represfcnted that the "bait" referred to
in the treaty must have been bait for " I'l;^/,'' which were
canght in tho.se waters, as the mackerel fisheries in those
waters did not begin till .several years after that time. It
was, therefore, within the letter and .spirit of the conven-
tion to deny to American fishermen the right to catch that
bait iu those waters. Tlie favorite bait for the mackerel is
said to be caught only ofl" the coast of ISraine, and not to be
found in Canadian waters, if this is correct, it could not
have been intended to deny to our tishermeu the right to
purchaHP, that bait in British ports.

Was passed in the Imperial Parliament the "Act to
enable His Majesty to make regulations with respect to tho
taking and curing fish on certain |)arts of tlie coast of New-
foundland, Labrador, and Ills Majesty's other imssessions iu
North America, acconling to, a convention made belween
His Mfijesty and the I'nited States of America." It is by
this statute declared to be unlawful for persons, not natural-
born British subjects, to fish for, iu a foreign vessel, take,
dry, or cure any fish within three marine miles of any
coasts, bays, creeks, or harbors whatever, iu any liritisii
port iu America, not incliided within the limits sfieciitied
and described in the first sirticle of the convention of 1818.

IIH, Oct. 'JO.

l«I!t. •rum- 11.

1823.

1K24, Jiiiio 111.

ia2«, Fol).

If24-'2fl.

1826, Apiil'Jil.

1838.

me.

1838.

It is further declared that it may be lawful for the United
States fishermen to enter into such bays or harbors, for the
purpose of shelter and repairing damages therein, and of
purchasing wood, and of obtaining water, and for no other
purpose whatever ; that the governor of Newfoundland is
vested with power to order such persons todejiart: and
that persons refusing to depart after notice, or neglecting
to confoi ;n to regulations, shall forfeit two hundred pounds.
{Sabine's Fisheries, 394.)

In the spring of the year the schooner "Charles" was
seized for a breach of this act, in returning to a harbor a
second time after warning, »* the weather being fine and
moderate the whole time. [S. Ex. Doc. 100, 32<l Con., Ist
sess., page 5.)

It appearing that the Charles, during her detention, had
been used as a British cruiser, the vessels captured by her
were restored, and official information thereof given. (Ibid
page 11.) ^ '

Mr. Vaughn informed Mr. Clay that " the Charles had
been regularly condemned in the vice admiralty court of the
province of New Brunswick, and that it was not expected
that the Government of the United States would lend further
countenance tothecomplaintsoftheowners." (Tbi(l,page54.)

It does not appear that there was any further correspond-
ence about this vessel.

More or less correspondence took place about the " Rein-
deer" and the "Kuby," which were rescued by force after
having been seized by a British cruiser.

The last letter on the subject (from Mr. Vaughn to Mr.
Clay) does not appear to ha\ e been ever answered. From
that time until 183«i there is no evidence of complaint on
the flies of the Department t»f State, so far as known.

Some complaints of trespass were made by Great Britain
this year, but on investigation they appeared to have little
foundation. {lb., pages 55, 50, 57, and 58.)

In this year the statute of Nova Scotia was passed, author-
izing officers to go on board vessels hovering within three
miles of the coasts or harbors ; to stay on board ; to require
the vessel to dejiart ; to bring it into port if it did not do so
within twenty four hours; to examine the master on oath :
to condemn him to a forfeiture of £100 if he did not make
true answer; and also authorizing a forfeiture of the vessel
or cargo found fishing within forbidden waters. There were
many other extraordinary, onerous, and unjust provisions
in this act, for which reference is made to the act. {S. Ex.
Doc. 100, 32d Con., 1st sess., page 108.)

The same colony, in an address to the Queen, prayed for
"a naval force to put an end to American aggressions"; to
which the colonial secretary fejilied that " it had been de-
termined for the future to station, during the fishing sea-
son, an armed force on the coast of Nova Scotia to enforce
a more strict observance of the treaty by American citizens.
{Sabine's Fisheries, page 399.)

The seizures which followed this course were numerous.
{lb., page 400.)

The voluminous correspondence which grew out of these

•:"-, ":"Z?y??Wfe1%lsg^jMf^^sfgfiimfri^^ar-^.fig^^^^

)r the United
rbors, for the
ert'in, and of
for no other
foundland is
depart; and
ir neglecting
Ired pounds.

3har]e8" was
[> a harbor a
ug fine and
\2<l Con., \st

itentiou, had
tured by her
ven. (llnd.,

Charles had
court of the
lot expected
lend further
bifl,page54.)
correspoud-

; the " llein-
r force after

ughn to Mr.
sred. From
omplaint on
nown.

reat Britain
) have little

sed, author-
vithin three

; to require
id not do so
er on oath ;
d not make
f the vessel
There were

provisions
ct. {S. Ex.

prayed for
ssious"; to
td been de-
ishing sea-
i to enforce
an citizens.

numerous.

)ut of these

183!), AiiK. 14.

1 )(■!■. 'JD.

seizures will be found in the Senate Ex. Doc. already cited,
pages 59 to 103. The results are summed uj in a report
from the acting Secretary of State, Mr. Vail {page 92), and
in a report from Lieutenant Commanding Paine to Mr. For-
syth {page 98). Mr. Vail "is unable to state whether, in
the cases under consideration, there has been any flagrant
infraction of the existing treaty stipulations ^^{page 95). He
appears to think that most of the cases were connected with
alleged violations of the customs laws. Lieutenant Paine
reports that "the authorities of Nova Scotia seem to claim
a right to exclude Americans from all bays," "and also to
draw a line from headland to headland;"" "that the pro-
vincial authorities claim a right to exclude vessels, unless
in actual distress;" and "would exact that American fish-
ermen shall have been supplied on leaving home with wood
and water for the cruise." {lb., pages 99, 100.)

Mr. Forsyth informed Mr. Stevenson, the United States i«^i. ^.'..20.
minister in London, that the provincial "authorities claim
a right to exclude our vessels from resorting to their ports,
unless in actual distress, and American vessels are accord-
ingly warned to depart, or ordered to get under way and
leave a harbor, whenever the provincial custom-house or
British naval ofHcer supposes, without a full examination
"of the circumstances under which they entered, that they
have been there a reasonable time;" and instructed him to
"immediately remonstrate against the illegal and vexatious
proceedings of the authorities of Nova Scotia toward our
fishermen, and request that measures be forthwith adopted
by Her Majesty's Government to remedy the evils arising out
of this misconstruction on the part of the provincial authori-
ties of their conventional obligations." He also gave strong
and explicit instructions as to the Nova Scotia act of 1836.
{lb., pages 106-108.)

The reasoning of Mr. For8yth,on pages 107 and 108, upon
the Nova Scotia law of 1836, is applicable, without chang-
ing a word, to the Dominion laws of 1H08 and 1870.

Mr. Stevenson brought to Lord Palmerstou's notice: 1.
The claim to exclude American vessels from waters "within
three miles of a line drawn from headland to headland,
instead of from the indents of the shores of the provinces ; "
2. That the authorities of Nova Scotia had "put upon the
stipulations of the treaty fas to the entry to harbors, fic] a
construction directly in conflict with their object, and en-
tirely subversive of the rights and interests of the citizens
of the United States;" 3. The objectionable law of Nova
Scotia; 4. The assertion, said to be untenable, "that the
Gut of Canso is a narrow strip of water, completely within
and dividing several counties of the province." {lb.,
pages 113, 114, and 115.)

It resulted from this note that the law officers of the
Crown were inquired of, and gave their opinions : 1. Sus-
taining the colonial "headland" doctrine, on the assump-
tion that the word " headland " is used in the convention ;
no such wor<l is there found. 2. Giving an answer as to
the use of ports, which is immaterial in the present aspect,
but which was favorable to the American fishermen so far

Mar. 27.

1845, Mill', ID.

as it went. 3. Say nothing about the objectionable clauses
in the law. 4. Affirming the colonial doctrine about the
Gut of Canso. (Sabine Fisheries, pages 405 and 406.)

It does not appear that this document was ever officially
communicated to this Government.
1843-44. In a discussion, however, which took place at London,

between Mr. Everett and Lord Aberdeen, in regard to the
schooner Washington, captured in the Bay of Fundy, these
views of the Crown law officers were officially asserted, but
without referring to them. (8. Ex. Doc. No. 100, as above,
page 120, et seq.)

Lord Aberdeen informed Mr. Everett that while the Brit-
ish Government did not concede that the United States liad
a right to the fisheries in the Bay of Fundy, "they are pre-
pared to direct their colonial authorities to allow hencefor-
ward the United States tlshermen to pursue their avocations
in any part of the Bay of Fundy, provided they do not ap-
proach, except in the cases Ri)ecified in the treaty of 1818,
within three miles of the entrance of any bay on the coast
of Nova Scotia or New Brunswick." (lb , page 136.)

In this long discussion Mr. Stevenson's complaints as to
the restrictions upon the use of ports seem not to have been
noticed by the British Government, unless the last clause
quoted from Lord Aberdeen's note to Mr. Everett is to be
construed as an implied reassertion of the doctrine.
Sept. 17. Sir Robert Peel's Government having meanwhile fallen,
Lord Stanley wrote to Lord Falkland that the British Gov-
ernment had abandoned the intention they had on the sub-
ject, and should adhere to the strict letter of the treaties,
except in so far as they may relate to the Bay of Fundy.

No collision ofauthority, however, occurred, or was threat-
ened, until Mr. Crampton gave notice that a force of war
steamers and sailing vessels was coming to the fishing
grounds to prevent encroachments of vessels belonging to
citizens of the United States on the fishing grounds reserved
to Great Britain, (lb., page 154.)

This was done after an ineffectual attempt to induce the
United States to conclude a reciprocity treaty. (Sabin^s
Fisheries, pages 43(i-7-8.)
July 0. Mr. Webster, Secretary of State, thereupon issued a cir-

cular notice to the American fishermen. The following
passage is quoted with approbation in the pamphlet review
of the President's message already cited (page 15), and ap-
pears to be relied upon by Canadian authorities:

It would appear that hy a strict and rigid contitructiuuof this urticle
fisbiii}; vessels of the United States are precluded from entering the
bays or harbors of the British provinces, except for the pnrposes of shel-
ter, repairing dainagu»i, and olitaining wood and water. A bay, as is
usually understood, is an arm or recess of the sea entering from the oceau
between capes and hea(llands,and the term is applied equally to small and
large tracts of water thus situated ; it is comumn to speak of Hudson's
Bay, or the Bay of Bi.scay , although they are very large tracts of water.

The British authorities insist that England has aright tii draw a line
from heudlautl to headland, and to capture all American tishernien who
may follow their pursuits inside of that. line. It was undoubtedly an
oversij^ht in the convi'ution of lbl8 to make so large a concession to
England, since the United .States has usually considered that those vast
inlets or recesses ought to be opened to American flshermen as freely as
the sea itself to within three marine miles of the shore.

1852, Jiil\

'' =-|s*-^----

mms^^^ms£^mmmmimim^.'«*^Ki^^^3imss.^^^£i^

able clauses
B about the
: 406.)
per officially

at London,
Ejgard to the
^undy, these
issertedfbnt
()0, as abovBy

lile the Brit-
1 States liad
liey are pre-
•w hencefor-
r avocations
J do not ap-
!ity of 1818,
3n the coast
136.)
)laint8 as to

have been
last clause

rett is to be
fine.

vhile fallen,
British Gov-
on the sub-
the treaties,
)f Fundy.
was threat-
brce of war
the fishing
lelonging to
ids reserved

) induce the

T. {Sabine^s

issued a cir-
e following
)hlet review
15), and ap-
i:

1 of thi8 article
1 entering the
rp<)»e8 of shel-

A bay, us is
roui the oceau
ly to small and
kof Hmlsou's
•act8 of water,
til draw a line
iHlicrnieu wbo
idonbtedly an
concession to
bat tbose vast
m as freely as

The reviewer da
compelled hiui to i

that Mr. Webster's "sound .judgment
i^;ognizo the legal force of the British

claims to the only point ihen in dispute, viz, the headland
Kwc." {Review of Fntiident^H Mennaye, paye W.)

To reacli that result he suppresses the following language
from the close of the same circular :

Not aiirreiiifl Hint the ronslriiction thug put upon the treaty in conformahle to
the iiiteulion of the cDHtraotiiiii partiet, tbis int'ortnatioii is, bowover, made
public to tlm end tbat tbose concerned in tbe American lisbcries may
perceive bow tlie cmsh at present stands and be on tbeir guard." (Sa-
bine'n Finheries, paije 441.)

The provincial secretary of Nova Scotia issued a notice
that " No American tishing vessels are entitled to commer-
cial privileges in provincial ports, but are subjectto forfeiture
if found engaged in traffic. Tlie colonial collectors have no
authority to permit freight to be landed from such vessels,
which, under the convention, can only enter our ports for
the purposes specified therein, and for no other.'^ (Review
of PresidenVs message, page 12.)

The case of the " Washington" (one of the vessels whose
seizure was discussed by Mr. Everett) cauie before the joint
commission for settlement of claims, in London, and on dis-
agreement of the commissioners was decided by the umpire,
(Mr. Joshua Bates,) who said :

Tbe question turns, so far as relates to tbe treaty stipulations, on the
meaning given to the word " bays" in tbe treaty of 17M3. By that treaty
the Americons had no right to dry and cure fish on the shores and bays
of Newfoundland, but they bad that right on the coaate, hai/s, harbors,
and creeks of Nova Scotia ; and as they must land to cure fish on the
shores, bays, and creeks, they were evidently admittc<l to the shores o/
the haijH, t)'c. By the treaty of H18tho same right is granted to cure fish
on the coasts, bays, &.c., of Newfoundland, but the Americans relin-
<l[uished that right and the right tojiith within three wiles of the coasts, hai/s,
^c, of Nova Scotia. Taking it for granted that the frainersof the treaty
intended that the words " bay or bays" sbonld have tbe same meaning
ill all cases, and no mention being made of headlands, there appears no
doubt that the Washington, in fishing ten miles from the shore, violated
no stipulations of the treaty.

It was urged onbehalf of the British Government, that by coasts,
bays, (Sr.c, is understood an imaginary line, drawn along the coast from
headland to headland, and that the jurisdiction of Her Slajesty extends
three marine miles outside of tbis line; thus closing all the bays on the
coast or shore, and that great body of water called the Bay of Fundy,
against Americans and others, making the latter a British bay. This
doctrine of headlands is new, and has received a proper limit in the con-
vention between France and Great Britain of M August, 18U9, in which
" it is agreed that the distance of three miles fixed as the geue.al liisiit
for the exclusive right of fishery upon tbe coast of the two countries
sliall, with res))ect to bays, the montlisof which do not exceed ten miles
in width, be measured from a straight line drawn from headland to
headland."

The Bay of Fundy is from fiS to 75 miles wide, and IDO to 140 miles
long; it has several bays on its coast; thus tbe word bay. as applied
to this great body of water, has tbe name meaning as that applied to
the Bay of Biscay, the Bay of Bengal, over which no nation can have
tlie right to assume sovereignty. One of the headlands of the Bay
of Fundy is in thi! United States, and ships bound to Passsainaquoddy
must sail through a large space of it. The islands of Grand Menan
(British) and Little Menan (American) are situated nearly on a line
from beadliiiid to heiidland. These islands, as rejiresenled in all geog-
raphies, are situate in tbe Atlantic Ocean. The conclusion is, therefore,
in my mind irresistible, that the Bay of Fundy is not a Britislfbay, nor
a bay within tbe nieaning of the word, as used in the treaties of 178S
and 1818. {Iteport of Decisions of Commission, page 181.)

]«.").>, Aii«. -JS.

iti::!-'r4.

IHM, July 18.

IRM, .Iiiiu>

1865, Mar.
I860.

Ig(i7.

1868-'0».

1868, Slay
1870, May

12.

Mr. Richnrd Rush, one of the negotiators of the treaty
of 1818, wrote to the Secretary of State, (referring to that
instrument:) "In signing it we believe that we retained
the rigiit of tishing in tlie sea, whetlicr called a bay, gulf,
or by whatever term designated, tli; washed any "part of
the coast of the British North Amiiiean provinces, with
the siniple exception thiit we did not come within a marine
te««7»*e of the shore. • * # • • We inserted the clause
of renunciation. The British plenii»otentiaries did not de-
sire it."

The conclusion of the reciprocity treaty rendered the
reassertion of the disputed claim by the Nova Scotian sec-
retary of no importance, and disposed of all the other ques-
tions for the time being. (10 Stat, at Large,pa<ie 1089.)

Notice was given to abrogate the reciprocity treaty, the
abrogation to take effect iu mw year from the notice.

The Canadian government then resorted to the system of
licensing American fishermen to fish in the in-shore fish-
eries. The number of licenses taken out the first year is
reported to have been 354. {Review of President's message,
page 23.) The fee is stated to have been fifty cents per ton.
{Manuscript review of the revietc, page 27.)

The license fee the next year was one dollar per ton.
{Manuscript review, &c.,page 27.) The number of licenses
was 281. {Review, dc, page 23.)

The license fee was again doubled, viz, to two dollars per
ton, (Ms. review, d-c, page 27 ;) only fifty six licenses were
taken out in 18G8, and in the following year (1809) only
twenty-five licenses were taken out. {Review of President's
message, page 23.)

The Dominion "act respecting fishing by foreign vessels,"
passed iu 1868, and the third section, amended in 1870, con-
tains, among other provisions, the following: Section 1,
authorizing the granting of licenses. Section 2, authorizing
officers to board ships, vessels, or boats within any harbor
of Canada, or hovering within three marine miles of the
coasts, &c., and to stay on board. Section 3, as amended,
provides that any one of such officers, &c., may bring any
ship, &c., hovering, &c., into port and search her cargo j
and may also examine the master on oath touching the
cargo and voyage ; and that if true answers are not given
the master shall forfeit $400, and that if the ships, &c., be
foreign ()r not navigated according to the laws of the United
Kingdom or Canada, and shall have been found fishing or
preparing to fish or to have been fishing (in British waters)
within three marine miles of any of the coasts, &c., not
included in the limits named in the convention of 1818. the
ship, &c., with its tackle, &c., shall be forfeited. Section 4
provides that every person opposing an officer shall forfeit
$800. Section 10 provides that in case of seizure t/m burden
^'proving the illegaliti/ shall he upon the owner or claimant.
Section 12 requires heavy security to be given before a
seizure can be contested Section 14 limits a right of action
for anjllegal seizure to three months.

This statute contains in an exaggerated form the worst
features of the Nova Scotia statute of 183G.

'i. ;

i.-:5»»^^Mfe^Hfc3fe^giy ^ -^w a^ jm^*r»yt1i!!y

' the treaty
ring to tbat
i^e retained
ii bay, gulf,
any part of
inces, with
in a marine
i the clause
did not de-

iidered the
icotian sec-
other ques-
e 1089.)
treaty, the
)tice.

B system of
■shore tish-
irst year is
fs message,
its per ton.

r per ton.
of licenses

dollars per
jnsevS were
1809) only
President's

n vessels,"
1 1870, con-
Section 1,
utborizing
my harbor
iles of the
amended,
bring any
ler cargo ;
iching the
not given
ps, &c., be
the United
fishiug or
sh waters)
s, &c., not
f 1818, the
Section 4
lall forfeit
t/ie burden
• claimant.
I before a
t of action

the worst

Mr. Forsyth, in his instructions to Mr. Stev »nsen, already
alluded to. said that that statute was a " violation of well-
established principles of the common law of England, and
of the principles of all just powers and of all civilized na-
tions, and seemed to be expressly designed to enable Her
Majesty's authorities, with perfect impunity, to seize and
confiscate American vessels, and to etnbezzle, almost indis-
criminately, the property of our citizens employed in the
fisheries on the coasts of the British possessions." Mr.
Everett stigmatized it as »' possessing none of the (pialities
of the law of civilized states but its forms." And it was
styled by a Senator of tbat time as "evidently designed to
legalize marauding upon an industrious, enterprising class
of men, who have no njeans to contend with such sharp and
unwarrantable weapons of warfare." (ISahine's Fisheries,
page 478.)

Mr. Thornton ofticially communicated to Mr. Fish the
intention of the Canadian government to issue no more
licenses to American fishermen.

Mr. Thornton communicated oflficiall.v to the I)ej)artment
the instructions issued to the commander of the British

convention of 1818 the United States have renounced the
right of fishing not only within three miles of the colonial
shores, but within three miles of a line drawn across the
mouth of any British bay or creek;" but that they are not
disposed, ior the present, to enforce what they regard as
their rights." {Foreign Relations, 1870, page 419.)

The whole correspondence in the book last cited, from
page 407 to page 434, bears directly upon the issues now
raised.

Mr. Thornton informed Mr. Fish that he had "received
instructions from Earl Granville to explain to Mr. Fish that
the instructions respecting the limits within which the i)ro-
hibition of fishing is to be enforced against United States
fishermen are not to be considered as constituting an ar-
rangement between the governments of the United States
and of Great Britain by which Canadian rights aie waived,
or the United States fishermen invested with any privilege."

7. SUMMARY OF Tl V CONCLUSIONS ESTABLISHED BY THE
FOREGOING REVIEW.

I. That the acquisition of the right to American fisher-
men to fish on the in-shore fi.sheries, from which they are
now excluded, is more important as removing danger of col-
lision than as oi" great intrinsic value. Its money value is
probably overestimated by the Canadians.

II. That the British headland <loetrine has no foundation
in the treaty, has been «lecided against Great Britain in a
cause where it was the only issue, and is now insisted upon
theoretically rather than practically.

III. That the right now asserted to exclude American
fishermen from the open ports oflTie Dominion; to prevent

187(1, April 29,

Juno 3.

.1 Illy -.'1.

r^ii!'}'. S^iiwraiSS!!ft^P!5?t|lS^' ■ "" " "

.!-'&

theui from purchasing bait, supplies, ice, &o.; to prevent
them from transshijjping their flsit in bond, under color of
the provisiouH of the convention of 1818, is an assumption
ap.l a constrnction of that instrHment which was never
acquiesced in by the United States ; and is parrying out in
practice provisions which were proposed to the United
■^ States commissioners by the British commissioners, in 1818,
and were rejected by the fornier.

IV. That the mackerel tishery, out of which the trouble
mostly comes, is a matter that has come into existence since
the negotiation of the treaty, and it is a subject for con-
sideration whether the tenns of the convention are fairly
■' applicable to it.

8. REMEDIES.

It is suggested that this class of questions may be ad-
justed, either,

I. By agreeing upon the terms upon which the whole of
the reserved fishing grounds may be thrown open to Amer-
ican fishermen, which might be accompanied with a repeal
of the obnoxious laws, and the abrogation of the disputed
reservation as to ports, harbors, &c., &c.; or, failing that,

II. By agreeing upon the construction of the disiiuted
renunciation ; upon the principles upon which a line should
be run by a joint commission to exhibit the territory from

. which the American fishermen are to be excluded; aud by
repealing the obnoxious laws, and agreeing upon the meas-

\ures to be taken for enforcing the colonial rights, the pen-
alties to be inflicted for a forfeiture of the same, and a
mixed tribunal to enforce the same. It may also be well to
consider whether it should be further agreed that the fish
taken in the waters open to both nations shall be admitted

^ free of duty into the United States and the British North
American Colonies.

In addition to the authorites hereinbefore cited, there is
in the archives of the Department of State a copious and

' well-arranged memoir upon the subject of the fisheries, by
\ Eichard D. Cutts, esq., of the Coast Survey, which will be
placed at the disposal of the commissioners.

', &0. ; to prevent
lid, under color of
is an HHHUinption
which was never
is Qtirryin^ out in
'A to the United
lissioiiers, in 1818,

n-hicb the trouble
to existence since
I. subject for con-
tention are fairly

stions may be ad-

hich the whole of
wn open to Amer-
lied with a repeal
n of the dispute<l
.; or, failing that,
I of the disfiuted
hich a line should
the territory from
ixcluded ; and by
ig upon the meas-
il rights, the pen-
the same, and a
lay also be well to
reed that the fish
shall be admitted
the British North

'ore cited, there is
ite a copious and
f the fisheries, by
rey, which will be
rs.

» »

*«».

'**

-.trr----ii

r^'

4«

W/%.i»i5lf

^^r"*

The American fishermen have the right to take fish of every kind on the coasts colored thua

They have also the right to dry and cure fish in the unsettled bays, harbors, and creeks of the coast colored thus .

It is claimed that the French fishermen have also the right to take fish on the coast colored thus

The United
Dominions in i
pose of shelter

_j I ■- -J The United Sutes have renounced the liberty to take, dry, or cure fish within three marine miles of the coasto, bays, creelcs. or harbors of the British

r — ' \ Dominions in America not included in the above limits ; but the privilMe is reserved to American fishermen to enter such bays or harbors for the pur-

— _j ^^^^^ ^j shelter and repairing*damaffes there, of purchasing wood, and ofobtaining water, and for no other purpose whatever, under such restri Aions as

E, |iuBcui sucti^r «uu ic|Muiiu|{usu<aK«» uj<.i«,\/> puiviuwiug wuuu,«uuu> vuHuiiiuK wsk<ii,«itu lui iiuufcucr pur|juac wnuvcvcr, uiiucr sucii reairicduiisiia
- ^ I maybe necessary to prevent them from taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges reserved to them.