QUESTION SEVEN. 117 



for the purpose of purchasing bait. This was rejected by the British 

 Commissioners, and the right of access to those coasts was limited 

 to the four purposes specified in the treaty. 



The British Commissioners, on their part, proposed clauses for the 

 prevention of smuggling, but these were objected to by the Americans 

 on the ground that they would expose fishermen to endless vexation, 

 and were not pressed. At the time of these negotiations no American 

 vessel had liberty to trade with the British colonies. 



1819. The Statute 59 Geo. Ill, cap. 38, was passed to give effect 

 to the convention. 



INSTRUCTIONS OF LORD BATHURST. 



On the 21st June, Lord Bathurst addressed a despatch to Sir C. 

 Hamilton (Governor of Newfoundland) in which he explained the 

 effect of the treaty, and particularly instructed the Governor to see 

 that no attempts were made to carry on trade under the pretence 

 of exercising the rights conferred by it. He said (App., p. 99) : 



You will, in the first place, observe that the privilege granted to 

 the citizens of the United States is one purely of fishery and of 

 drying and curing fish within the limits severally specified in the 

 convention. It is the pleasure of His Royal Highness that this 

 privilege, as limited by the convention, should be fully and freely 

 enjoyed by them without any hindrance or interference; but you 

 will, at the same time, remark that all attempts to carry on trade, 

 or to introduce articles for sale or barter into His Majesty's posses- 

 sions under the pretence of exercising the rights conferred by the 

 convention, is in every respect at variance with its stipulations. 



ARRANGEMENTS OF 1830. 



j^&^.-^-Reciprocal trading facilities were arranged. They were 

 given effect to by an Order-in-Council of His Majesty and a procla- 

 mation of the President of the United States, but there was no treaty 

 or agreement, and neither party acquired as against the other any 

 right to a continuation of the facilities given. The Order-in-Council 

 contained the following provision (App., p. 570) : 



And His Majesty doth further, by the advice aforesaid and in pur- 

 suance of the powers aforesaid, declare that the ships of and 



130 belonging to the said United States of America may import 

 from the United States, aforesaid, into the British possessions 



abroad, goods, the produce of those States; and may export goods 



from the British possessions abroad to be carried to any foreign 



country whatever. 



Under this arrangement American trading vessels for the first time 

 obtained access to Canadian ports. The terms of the Order-in-Coun- 

 cil show that it applied only to vessels engaged in trade, and that it 

 did not affect the position under the Fisheries Convention. 

 92909 S. Doc. 870, 61-3, vol 4 9 



