163 



the war, the British government revived their pretension to the con- 

 trary iminedlatel}' after the peace. An American vessel was fallen in 

 with by the armed ship the Jaseur, Locke, commander, in Juno, 1815, 

 when about forty-five miles from Cape Sable; and her papers were en- 

 dorsed, "Warned off the coast, not to come within sixty miles." So 

 extraordinary a procedure was promptly disavowed as unauthorized; 

 but discussions ensued, which were terminated, in 1818, by the conclu- 

 sion of a treaty that embodied a compromise of the adverse views of 

 the two cabinets, and which is still in force. The article is as follows: 



"Whereas differences have arisen respecting the liberty claimed 

 b}^ the United States, for the inhabitants thereof, to take, dry and cure 

 fish on certain coasts, bays, harbors and creeks, of his Britannic 

 ^fajesty's dominions in America, it is agreed . between the high con- 

 tracting parties that the inhabitants of the said United States shall 

 have forever, in common with the subjects of his Britannic Majesty, 

 the liberty to take fish of every kind on that part of the southern coast 

 of Newfoundland which extends from Cape Ray to the Rameau 

 islands, on the western and northern coast of Newfoundland; from 

 the said Cape Ray to the Quirpon islands, on the shores of the Mag- 

 dalene islands, and also on the coasts, bays, harbors and creeks from 

 Mount Joly, on the southern coast of Labrador, to and through the 

 Straits of Bellisle, and thence northwardly indefinitely along the coast; 

 without prejudice, however, to any of the exclusive rights of the Hud- 

 son's Bay Cojnpany ; and that the American fishermen shall also have 

 liberty, Ibrever, to dry and cure fish in any of the unsettled bays, har- 

 bors and creeks of the southern part of the coast of Newfoundland, 

 hereabove described, and of the coast of Labrador; but so soon as the 

 same, or any portion thereof, shall be settled, it shall not be lawful for 

 the said fishermen to dry or cure fish at such portion so settled, with- 

 out previous agreement for such purpose, with the inhabitants, pro- 

 prietors, or possessors of the ground. And the United States hereby 

 renounce, forever, the liberty heretofore enjoyed or claimed by the 

 inhabitants thereof, to take, dry, or cure fish, on or within three marine 

 miles of any of the coasts, bays, ci'eeks or harbors, of his Britannic 

 Majesty's dominions in America, not included within the above men- 

 tioned limits : provided, however, that the American fishermen shall 

 be admitted to enter such bays or harbors for the purpose of shelter, 

 and of repairing damages therein, of purchasing wood and of obtain- 

 ing water, and for no other purpose whatever. But they shall be 

 under such restrictions as may be necessary to prevent their taking, 

 drying, or curing fish therein, or in any other manner whatever 

 abusing the privileges hereby reserved to them." 



The distinguishing features of this article, as compared with the 

 stipulations of the treaty of 1783, are obviously two : first, that we 

 gave up the catchivg along certain shores ; and, secondly, that our 

 facilities of drying and curhig were increased. The practical construc- 

 tion of both governments has been, until a very recent period, that 

 our vessels could /s/i everyv^^here, as under the treaty of 1783, except 

 with'ui three miles of certain coasts; in other words, that our rights were 

 not impaired on the southern shore of Newfoundland, between Cape 

 Ray and the Rameau islands, on the western and northern shores of 



