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 MEMORANDUM 
 
 UKSPKCTING I'HE 
 
 NORTH AMERICAN FISHERIES. 
 
 [ PREPARED FOR THE INFORMATION OF THE AMERICAN 
 
 COMMISSIONERS WHO NEGOTIATED THE 
 
 TREATY OF MAY 8, 1871.] 
 
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 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 
 
2 
 
 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 
 
 I 
 
 ry 
 
 8 
 
 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, 
 
 i 
 
 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.) 
 
 iJ 
 
.# 
 
 6 
 
 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. 
 
8 
 
 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. 
 
 7 
 
 t 
 
 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. 
 
 10 
 
 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 
 
 11 
 
 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. 
 
 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 
 
 \ 
 
 
 13 
 
 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. 
 
 / 
 
 y 
 
 V 
 
 r^ii!'}'. S^iiwraiSS!!ft^P!5?t|lS^' ■ "" " " 
 
 :- ':.»««-^%S^J9^*i.*.'e^^,T^©aE!- 
 
 .!-'& 
 
14 
 
 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. 
 
» » 
 
 *«». 
 
 40 
 
 '** 
 
 -.trr----ii 
 
 r^' 
 
 4« 
 
 .V 
 
 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 
 
 U. 
 
_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. 
 
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