746 APPENDIX TO BRITISH CASE. 



valuable in any case as a renunciation by Great Britain of a totally 

 unfounded pretension. 



Article XI provides, first, that American fishing vessels entering 

 the ports, etc., of British North America under stress of weather or 

 other casualty may unload, reload, tranship, or sell, subject to customs 

 laws, all fish on board, when such unloading, transhipment, or sale is 

 made necessary as incidental to repairs, and may replenish outfits, 

 provisions, or supplies damaged or lost by disaster, and in case of 

 death or sickness, shall be allowed all needful facilities, including the 

 shipping of a crew. 



The most of these provisions are already clearly covered by the 

 treaty of 1818, and all of them are covered by the real substance 

 and spirit of the arrangement of 1830; and in respect of tranship- 

 ment, by article 29 of the treaty of 1871. They are much more than 

 covered by article 29 of the treaty of 1871, and are, in fact and effect, 

 a voluntary abandonment on the part of the United States of the 

 rights secured in respect of the transhipment of all American goods 

 and merchandise arriving at any British North American port. 

 That article uses language of the most comprehensive character, and 

 it can not be doubted that under it a Canadian fishing vessel bring- 

 ing a cargo of fish from the fishing-grounds to the south of Nan- 

 tucket, or from any other place on the high seas or any British waters, 

 to the ports of New York, Boston, or Portland, would be entitled to 

 land them and tranship them to Canada without the payment of any 

 duty, and it is, of course, equally clear that a cargo of fish on board 

 a fishing vessel of the United States, when brought from the fishing- 

 grounds of the high seas or elsewhere to any British North American 

 port, may, in like manner, be entered and transhipped to the United 

 States without the payment of duty. 



It would seem, then, that in respect of the clause of Article XI, now 

 under consideration, as well as with respect of the clauses herein- 

 before considered, that the executive in negotiating this treaty had 

 failed to remember, or had left out of view, what the present rights 

 of citizens of the United States already clearly are under treaties now 

 in force, and had proceeded upon the idea that every right that the 

 United States is to obtain by force of this treaty is a new one, and 

 is granted by Her Majesty's Government in consideration of the re- 

 nunciation to her of the great bodies of water mentioned in the earlier 

 articles of this treaty and of all commercial rights not mentioned in 

 this treaty. 



The next paragraph of article XI provides that licences in British 

 North American ports shall be granted to United States fishing ves- 

 sels on the homeward voyage only, to purchase such provisions and 

 supplies as are ordinarily sold to trading vessels, but such provisions 

 shall not be obtained by barter nor purchased for resale or traffic. A 

 Canadian fishing vessel, on whatever voyage, either outward or 

 inward, may now lawfully purchase anything in a port of the United 

 States that any citizen of the United States can purchase and on 

 the same terms, without any licence whatever, and may dispose of 

 any such purchase without any restriction. How does it happen 

 that the United States are to buy, or to accept as an act of generosity, 

 the privilege for our fishing vessels only when they are on the way 

 home, sufficient food to preserve them from starvation, and under 



