540 APPENDIX TO BRITISH CASE. 



American Provinces and the United States have been respectively 

 adopted by the two countries, and have led to amicable and mutu- 

 ally beneficial relations between their respective inhabitants," and 

 that " the independent and yet concurrent action of the two Govern- 

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

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

 reciprocal liberty of commerce between the United States and the 

 territories 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 limits of that Treaty." 



The undersigned has not been able to discover in the instances 

 given by Mr. Bayard any evidence that "the Laws and Regulations 

 affecting the trade between the British North American Provinces 

 and the United States," or that " the independent and yet concur- 

 rent action of the two Governments " have either extended or re- 

 stricted the terms of the Convention of 1818, or affected in any way 

 the right to enforce its provisions according to the plain meaning 

 of the Articles of the Treaty. On the contrary a reference to the 

 18th Article of the Washington Treaty will show that the contract- 

 ing parties made the Convention the basis of the further privileges 

 granted by the Treaty, and it does not allege that its provisions are 

 in any way extended or affected by subsequent legislation or Acts of 

 Administration. 



Mr. Bayard has referred to the Proclamation of President Jack- 

 son, in 1830, creating reciprocal commercial intercourse " on terms of 

 perfect equality of nag " between the United States and the British 

 American Dependencies, and has suggested that these " commercial 

 privileges have since received a large extension, and that in some 

 cases favors have been granted by the United States without equiva- 

 lent concession " such as " the exemption granted by the Shipping 

 Act of June 26, 1884 amounting to one-half of the regular tonnage 

 dues on all vessels from British North America and West Indies 

 entering ports of the United States." 



He has also mentioned under this head " the arrangements for the 

 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 United States vessels. 



The Proclamation of President Jackson, in 1830, had no relation to 

 the subject of the fisheries, and merely had the effect of opening 

 United States' ports to British vessels on terms similar to those 

 which had already been granted in British Ports to vessels of the 

 United States. The object of these " Laws and Regulations," men- 

 tioned by Mr. Bayard, was purely of a commercial character, while 

 the sole purpose of the Convention of 1818 was to establish and define 

 the rights of the citizens of the two countries in relation to the fish- 

 eries on the British North American coast. 



Bearing this distinction in mind, however, it may be conceded that 

 substantial assistance has been given to the development of 

 323 commercial intercourse between the two countries. But legis- 

 lation in that direction has not been confined to the Govern- 

 ment of the United States, as indeed Mr. Bayard has admitted, in 

 referring to the case of the Imperial Shipping and Navigation Act 

 of 1849. 



