DESPATCHES, EEPOBTS, CORRESPONDENCE, ETC. 757 



Articles 18 to 25, both inclusive, of the treaty of 1871, covered the 

 whole subject of the fishing rights and liberties between the United 

 States and the British North American colonies, "in addition " to 

 those secured by the treaty of 1818. No other articles in the treaty 

 of 1871 related to the fisheries, or the rights of fishermen. When the 

 United States abrogated these articles, that completely ended the in- 

 fluence of that treaty over our fishing rights. Article 29 was not 

 terminated, but it never had the least reference to the fisheries treaty 

 of 1818, to enlarge its scope, change its meeting, or in any way to 

 affect any right to which that treaty related. Yet, if that is not the 

 true meaning of the 29th article of the treaty of 1871, this present 

 treaty in no way affects that article, and it stands for all that it was 

 ever worth in favour of our fishermen. 



I. GENERAL STATEMENT OF THE SITUATION WHICH HAS RESULTED FROM 

 THE " MISUNDERSTANDING " AS TO THE TRUE MEANING OF THE TREATY 



' OF 1818. 



During seventy years the people of the United States and of the 

 British North American provinces in the northeast have been fre- 

 quently engaged in contention and dispute, in controversy and con- 

 flict, about the true interpretation of the fisheries treaty of 1818. 



The most frequent and serious disagreements have arisen under the 

 proviso to the first article, which is as follows: 



Provided, however, that the American fishermen shall be admitted to enter 

 such bays or harbours for the purpose of shelter and of repairing damages 



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

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



necessary to prevent their taking, drying, or curing fish therein, or in 

 any other manner whatever abusing the privileges hereby reserved to them. 



This proviso, as it was proposed by our negotiators, contained the 

 words " and bait " after the word " water." These w r ords were 

 stricken out, with the consent of our commissioners. The right to 

 obtain bait was thus finally disposed of as a treaty right. 



In this proviso the four distinct " privileges hereby reserved to " 

 American fishermen are stated definitely, while " such restrictions 

 as may be necessary to prevent " them in any manner from " abusing 

 the privileges " reserved to them are not defined, except in the most 

 general terms. 



American fishermen are placed " under such restrictions " with no 

 guaranty as to the jurisdiction, whether provincial or imperial, that 

 shall promulgate and enforce them; or whether they shall be de- 

 clared by legislative authority, or administered by executive author- 

 ity or by the judiciary. 



It was contemplated in this treaty that further definitions on these 

 delicate questions should be settled, either by the future agreement 

 of the treaty powers, or that Great Britain should choose the tribu- 

 nals that would declare and enforce these " restrictions " against 

 American fishermen, subject only to the requirement that they should 

 be " such restrictions as may be necessary to prevent their taking, 

 drying, or curing fish therein, or in .any other manner whatever 

 abusing the privileges hereby reserved to them." 



That controversies would arise under this uncertain definition of 

 the power to prescribe restrictions to our fishermen in the enjoy- 



