728 APPENDIX TO BRITISH CASE. 



Thirdly, it provided for questions of boundary and dominion re- 

 garding certain islands and for the settlement of the northeastern 

 boundary, and also for the northwestern boundary, etc. It made no 

 reference whatever to any question touching the fisheries mentioned 

 in the treaty of 1783. 



The commercial treaty concluded on the 3d of July, 1815, between 

 the two countries provided for reciprocal liberty of commerce be- 

 tween all the territories of Great Britain in Europe and the terri- 

 tories of the United States, but left without any new treaty stipu- 

 lation or obligation commercial intercourse between British domin- 

 ions in North America and the United States remaining under the 

 exclusive control of each. 



But after the conclusion of the treaties following the w T ar of 1812, 

 there being then no treaty obligations or reciprocal laws in force 

 between or in either of the countries respecting commercial inter- 

 course, the British Government set up the pretension that the fishing 

 rights recognised and secured to citizens of the United States by the 

 treaty of 1783 had become abrogated in consequence of the war of 

 1812, which, on the principle of the war annulling all unexecuted 

 engagements between the two belligerents, it was contended, annulled 

 the fishing rights described in the treaty of 1783, and that the citizens 

 of the United States had, therefore, no longer the right to fish in 

 any of the British North American waters. This pretension led to 

 the conclusion of the treaty of the 20th October, 1818, the fisheries 

 article of which provided that (article I) 



Whereas differences have arisen respecting the liberty, claimed by the 

 United States, for the inhabitants thereof, to take, dry, and cure fish on certain 

 coasts, bays, harbours, and creeks of His Britannic Majesty's dominions in 

 America, it is agreed between the high contracting parties that the inhabitants 

 of the said United States shall have forever, in common with the subjects of 

 His Britannic Majesty, the liberty to take fish of every kind on that part of 

 the southern coast of Newfoundland which extends from Cape Ray to the 

 Rameau Islands; on the western and northern coast of Newfoundland from 

 the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen 

 Islands, and also on the coasts, bays, harbours, and creeks, from Mount Joly, 

 on the southern coast of Labrador, to and through the Straits of Belle Isle, and 

 thence northwardly indefinitely along the coast, without prejudice, however, to 

 any of the exclusive rights of the Hudson Bay Company : and that the American 

 fishermen shall also have liberty forever to dry and cure fish in any of the 

 unsettled bays, harbours, and creeks, of the southern part of the coast of New- 

 foundland, above 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 agree- 

 ment for such purpose with the inhabitants, proprietors, or possessors of the 

 ground. And the United States hereby renounce for ever any liberty heretofore 

 enjoyed 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-men- 

 tioned limits : Provided, however, that the American fishermen shall be admitted 

 to enter such bays or harbours for the purpose of shelter and of repairing dam- 

 ages therein, of purchasing wood, and of obtaining water, and for no other 

 purpose whatever. But they shall be under such restrictions as may be neces- 

 sary to prevent their taking, drying, or curing fish therein, or in any other man- 

 ner whatever abusing the privileges hereby reserved to them. 



This arrangement divided, and limited in territorial extent, the 

 fishing rights of the people of the United States, that had existed 

 while they were British subjects and had been recognised and existed 

 under the treaty of peace of 1783 until the war of 1812, and it pro- 

 vided for a continuance of the ancient rights of fishing on certain 



