DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 445 



United States, it was agreed that the inhabitants of the United States should 

 have forever, in common with British subjects, the right of taking fish in certain 

 waters therein defined. In the waters not included in the limits named in the 

 convention, within three miles of parts of the British coast, it has been the cus- 

 tom for twenty years to give to intruding fishermen of the United States a rea- 

 sonable warning of their violation of the technical rights of Great Britain. 

 The Imperial Government is understood to have delegated the whole or a share 

 of its jurisdiction or control of these inshore fishery-grounds to the colonial 

 authority, known as the Dominion of Canada, and this semi-independent but 



irresponsible agent has exercised its delegated powers in an unfriendly 

 265 way vessels have been seized without notice or warning, in violation of 



the custom previously prevailing, and have been taken into the colonial 

 ports, their voyages broken up, and the vessel condemned. There is reason to 

 believe that this unfriendly and vexatious treatment was designed to bear 

 harshly upon the hardy fishermen of the United States, with a view to political 

 effect upon the government. 



That is not all. The President went further, and made a second 

 complaint in this language : 



The statutes of the Dominion of Canada assume a still broader and more 

 untenable jurisdiction over the vessels of the United States; they authorize 

 officers or persons to bring vessels hovering within three marine miles of any of 

 the coasts, bays, creeks, or harbors of Canada into port, to search the cargo, to 

 examine the master on oath touching the cargo and voyage, and to inflict upon 

 him a heavy pecuniary penalty if true answers are not given, and if such a 

 vessel is found preparing to fish within three marine miles of any of such coasts, 

 bays, creeks, or harbors, without a license, or after the expiration of the 

 period named in the last license granted to it, they provide that the vessel with 

 her tackle, &c., shall be forfeited. It is not known that any condemnations have 

 been made under this statute. Should the authorities of Canada attempt to 

 enforce it it will become my duty to take such steps as may be necessary to 

 protect the rights of the citizens of the United States. 



The President further goes on to say : 



It has been claimed by Her Majesty's officials that the fishing-vessels of the 

 United States have no right to enter the open ports of the British possessions in 

 North America, except for the purpose of shelter and repairing damages, of 

 purchasing wood and obtaining water ; that they have no right to enter at the 

 British Customs-houses, or to trade there, except for the purchase of wood or 

 water, and that they must depart within twenty-four hours after notice to leave. 

 It is not known that any seizure of a fishing-vessel carrying the flag of the 

 United States has been made under this claim. 



These were complaints which were made in the annual message of 

 President Grant in 1870 ; and he concludes by suggesting to Congress 

 the course that should be taken in reference to this matter, in the 

 following words : 



Anticipating that an attempt may possibly be made by the Canadian authori- 

 ties in the coming season to repeat their unneighborly acts towards our fisher- 

 men, I recommend you to confer upon the Executive the power to suspend by 

 proclamation the operation of the laws authorizing the transit of goods, wares, 

 and merchandize in bond across the territory of the United States to Canada ; 

 and further, should such an extreme measure become necessary, to suspend the 

 operation of any laws whereby the vessels of the Dominion of Canada are per- 

 mitted to enter the waters of the United States. 



It is, therefore, plainly evident that disagreements were in existence 

 at that time with regard to the fisheries, and that the fear that they 

 would produce serious complications between the two countries was 

 present in the minds of the President and Government of the United 

 States. Well, the history of the case goes on to show that these com- 

 plaints made by President Grant were the foundation of the nego- 

 tiations which led to the adoption of the Washington Treaty; and it 

 is important to observe, on examining that treaty, that the means 

 whereby President Grant proposed to Congress to insure the repeal of 



