502 APPENDIX TO BRITISH CASE. 



The discussion prior to the conclusion of the Treaty of Washington, 

 in 1871, was productive of a substantial agreement between the two 

 countries as to the existence and limit of the three marine miles, 

 within the line of which, upon the regions defined in the Treaty of 

 1818, it should not be lawful for American fishermen to take, dry or 

 cure fish. There is no hesitancy upon the part of the Government of 

 the United States to proclaim such inhibition and warn their citizens 

 against the infraction of the Treaty in that regard, so that such in- 

 shore fishing cannot lawfully be enjoyed by an American vessel be- 

 ing within three marine miles of the land. 



But since the date of the Treaty of 1818, a series of laws and regu- 

 lations importantly affecting the trade between the North American 

 provinces of Great Britain and the United States have been, respec- 

 tively, adopted by the two countries, and have led to amicable and 

 mutually beneficial relations between their respective inhabitants. 



This independent, and yet concurrent, action by the two Govern- 

 ments, has effected a gradual extension, from time to time, of the pro- 

 visions of Article 1 of the Convention of 3rd July. 1815, providing for 

 reciprocal liberty of commerce between the United States and the ter- 

 ritories of Great Britain in Europe, so as gradually to include the 

 colonial possessions of Great Britain in North America and the West 

 Indies, within the results of that Treaty. 



President Jackson's Proclamation of 5th October, 1830, created a 

 reciprocal commercial intercourse, on terms of perfect equality of flag 

 between this country and the British American dependencies, by re- 

 pealing the Navigation Acts of 18th April, 1818, 15th May, 1820* and 

 1st March, 1823, and admitting British vessels and their cargoes " to 

 an entry in the ports of the United States, from the islands, prov- 

 inces and colonies of Great Britain, on or near the American conti- 

 nent, and north or east of the United States." These commercial 

 privileges have since received a large extension, in the interests of 

 propinquity, and, in some cases, favours have been granted by the 

 United States without equivalent concession. Of the latter class, is 

 the exemption granted by the Shipping Act of 26th June, 1884, 

 amounting to one-half of the regular tonnage dues on all vessels from 

 the British North American and West Indian possessions entering 

 ports of the United States. Of the reciprocal class are the arrange- 

 ments for transit of goods and the remission by proclamation, as to 

 certain British ports and places, of the remainder of the tonnage tax, 

 on evidence of equal treatment being shown to our vessels. 



On the other side, British and colonial legislation, as notably in the 

 case of the Imperial Shipping and Navigation Act of 26th June. 

 1849, has contributed its share toward building up an intimate inter- 

 course and beneficial traffic between the two countries, founded on 

 mutual interest and convenience. These arrangements, so far as the 

 United States are concerned, depend upon municipal statute and upon 

 the discretionary powers of the Executive thereunder. 



The seizure of the vessels I have 'mentioned, and certain published 

 warnings purporting to have been issued by the colonial authorities, 

 would appear to have been made under a supposed delegation of 

 jurisdiction by the Imperial Government of Great Britain, and to 

 be intended to include authority to interpret and enforce the provi- 

 sions of the Treaty of 1818. to which, as I have remarked, the United 



