The FisJie^y Qicestioji. 43 



mands of the United States were incompre- 

 hensible. Therein lay the weakness of the 

 American position. Selfish considerations 

 aside, De Vergennes could honestly say that 

 to claim the privileges of subjects after re- 

 nouncing allegiance was unprecedented.^^ In 

 fact, had the maritime provinces of Canada 

 been populous at the signing of the first 

 treaty the insecurity of such an arrangerr^ent 

 must have led to some modification of the 

 terms. Fishing in the open sea was then ac- 

 knowledged to be free to all the world, and 

 this general principle would have given the 

 United States the cod fishery on the banks. 



Within three miles of the coast riparian 

 jurisdiction was the rule, and every vessel 

 crossing the marine boundary must, at the 

 pleasure of the riparian state, conform to the 

 regulations, including tolls for the use of es- 

 tablishments for the purpose of navigation 

 and fishing. These restrictions could be 

 modified only by treaty. ^^ American use of 

 the Fishery was not immemorial to the time 

 when the colonists fished as subjects of the 

 king and in virtue of permission granted in 

 their charters. Discovery, development and 

 defence of the Fishery were equitable claims. 



