636 APPENDIX TO BRITISH CASE. 



of 1783, so as that whatever stipulations therein were intended to be 

 permanent, to bind during war, and to survive war, were extin- 

 guished by the war. Even if it be conceded that the " liberty to 

 Americans," in the treaty of 1783, to catch or cure and dry fish on the 

 coast of Newfoundland, and " on the coasts, bays, and creeks of all 

 other of Her Britannic Majesty's dominions in America," could, on 

 a declaration of Avar by the United States, have been annulled by 

 England, they were not at any time expressly annulled. If they 

 could have been suspended by the will of England, they were not 

 expressly suspended. If they were suspended by the fact of war. 

 if they were like temporary commercial engagements, or like postal 

 treaties, there was nothing in the facts of the war of 1812 to prevent 

 them from recommencing their operations automatically with the 

 peace. Nothing in the relations of the two Governments, was incon- 

 sistent with their survival. Mr. Dana, in his note on Wheaton 

 (p. 353), has stated the rule thus: 



If a war arises from a cause independent of the treaty, the survival of any 

 clause in the treaty must depend upon its nature and the circumstances under 

 which it was made. 



The question of amendment or survival of the treaty of 1783, as 

 to certain specified parts of the British coast in America, was, how- 

 ever, by the treaty of 1818, made of no practical consequence (so long 

 as that treaty endured) by the renunciation signed by the United 

 States. 



THE CANADIAN CONVENTION. 



The legal effect of the First article of the treaty of 1818 may be 

 sketched in outline in this wise: 



All the British coast, shores, bays, harbours, and creeks in America 

 were, by that article, sepsrated into two portions, which were 

 bounded, defined and indentified. The two may be marked respec- 

 tively as A. and B. In the sixth volume of "Papers relating to the 

 Treaty of Washington" published by the Department of State in 

 1874, is a map of New Brunswick, Nova Scotia, Newfoundland and 

 Prince Edward Island, coloured in a way to plainly exhibit these 

 two portions. In all that portion marked A it was agreed that the 

 inhabitants of the United States shall have for ever, in common 

 with British subjects, the liberty to take fish of every kind; but as 

 to the portion marked B, the United States renounced for ever any 

 liberty theretofore enjoyed or claimed to take, dry, or cure any fish. 

 It was stipulated, nevertheless, that k ' the American fishermen shall 

 be permitted to enter" the portion marked B for the purpose of 

 shelter, repairing damages, purchasing wood, obtaining water, and 

 " for no other purpose whatever." 



The entire article referred to inshore -fishing. No right and no 

 liberty whatever, that might concern deep-sea fishermen, did the 

 United States, by the treaty of 1818, renounce. 



This obvious intent and purpose of the article is confirmed by the 

 last words of the section, which declares: " But they " (the American 

 fishermen) " shall be under such restrictions as may be necessary to 

 prevent their taking, drying, or curing fish therein" (in portion B) 

 " or in any other manner abusing the privileges hereby reserved to 



