DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 281 



the Colonies may be playing a game which will not advance mate- 

 rially the interests they have in view. I think that very probable; 

 but I am not alone in entertaining the opinion that the motive at 

 the bottom of the whole transaction is a motive of policy. 



Well, Sir, is it justifiable? Is the course pursued one that can be 

 maintained anywhere, or by any process of reasoning? Mr. Presi- 

 dent, I think that the last class of men in this country which a politic 

 nation, about to enter into hostilities, would disturb, is the class of 

 fishermen; and a bolder stroke of policy could not be executed by a 

 Government about to make war upon the United States, than to say 

 to these fishermen, " war or no war, you may carry on your business 

 at your pleasure, and you shall not be disturbed." Can Great Britain 

 maintain the ground which has been pointed out by the Senator from 

 Michigan, [Mr. CASS] ? Can she maintain the construction of the 

 Treaty which is said to be given to it by the Law Officers of the 

 British Government? I say unhesitatingly that she cannot, if I 

 understand correctly her position. I admit that the terms of the 

 Treaty are capable of such a construction as they have given to it; 

 but I say it is open to another construction, quite different, and that 

 all contemporaneous authorities concur in establishing the other con- 

 struction as the true one. 



It is to this point that I invite the particular attention of the 

 Senate, and I shall occupy but a few moments in considering it. The 

 doctrine laid down by these Law Officers, as is alleged, is, that Great 

 Britain may stretch a line from headland to headland, and that all 

 the waters within these headlands, are waters within the jurisdiction 

 of the Colonial or the Imperial Government. 



Xow, I apprehend, if the Senate will give me their attention while 

 I analyse the terms of the Treaty, which are very brief, they will be 

 satisfied that no such construction can be maintained. What, then, 

 are the terms of the Treaty? They commence in the First Article 

 by pointing out certain coasts, and certain portions of the territory 

 of these colonies which are to be left open to American fishermen, 

 freely to fish therein. 



What is the rest of the Article? In order that I may not make 

 any mistake in quoting any part of it, I will read from the Treaty 

 itself. After running through that portion to which I have alluded, 

 the Article proceeds thus: 



And that the American fishermen shall also have liberty for ever to dry and 

 cure fish in any of the unsettled bays, harbours, 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 without previous agreement for such purpose with the inhabitants, 

 proprietors, or possessors of the ground. 



167 The right, then, is to take, dry, and cure fish in certain coasts, 

 bays, harbours, and creeks of Her Britannic Majesty's Do- 

 minions in America. But that portion of the Treaty, to which I wish 

 to invite the attention of the Senate more particularly, is the renun- 

 ciation. It is in these words: 



And the United States hereby renounce forever any liberty heretofore en- 

 joyed or claimed by the inhabitants thereof, to take, dry, or cure fish on or 

 within three marine miles of any of the coasts, bays, creeks, or harbours of 

 His Britannic Majesty's Dominions in America not included within the above- 

 mentioned limits. 



