772 APPENDIX TO BRITISH CASE. 



the merchant ships of each country in the ports of the other. We 



will hereafter refer more particularly to that arrangement. 

 463 Many of our fishing vessels being licensed, under our laws, 



to touch and trade in foreign ports, our Government has since 

 claimed for them in Canadian ports the hospitality accorded to our 

 other merchant vessels and all the liberties that they enjoy. 



This reasonable claim was based upon the new conditions of our 

 commercial intercourse with Canada as established by " the reci- 

 procity of 1830." 



It was met with the declaration that American fishermen and their 

 vessels had only the rights, in Canadian waters and ports, that are 

 expressly reserved to them under the treaty of 1818; and that all 

 other rights are denied to them by that treaty; and the further 

 insistence that the United States can confer no other rights upon 

 them, in those waters, than such as the treaty gives them in their 

 character as fishermen. 



This question has led to serious disagreement and has been un- 

 avoidably mixed up with the question of the proper construction of 

 the treaty of 1818. 



This blending of these subjects has resulted, in part, from the 

 enlarged privileges secured to our fishermen in the treaties of 1854 

 and 1871, and from the British laws and regulations, under which 

 no express distinction is made between fishing vessels and purely 

 commercial vessels as to entrance and clearance; port and harbour 

 dues; pilotage and tonnage dues; the right to demand manifests and 

 to inspect cargoes. 



They employ their regulations, prescribed for commercial vessels. 

 to prevent fishing vessels from having shelter for more than twenty- 

 four hours in a bay or harbour; or from obtaining water or wood, 

 or making repairs, unless they have been duly entered in the custom- 

 house and have conformed to all the regulations that apply to mer- 

 chant vessels. 



The denial of every commercial privilege to our fishermen, even 

 to the supply of wants that humanity demands, while imposing upon 

 them every " restriction " that merchant vessels were required to 

 endure, naturally excited the indignation of our people. 



The contrast between the treatment, in these respects, of merchant 

 vessels of all nations (including those of the United States) and our 

 fishing vessels was painful and unjust, as it was unnecessary, and 

 placed the men engaged in an honourable and highly useful pursuit 

 under the ban of unjust and unfriendly discrimination, and branded 

 them as persons against whom there was a general and recognised 

 suspicion of bad character or of unworthy designs. 



During the interval between 1818 and 1830 the treaty of 1818 

 furnished the only rule, 'equitable or legal, for the admeasurement 

 of the rights of our fishermen. 



Since 1830, except when the treaties of 1854 and 1871 were in force, 

 the British Government, instead of relaxing the " restrictions " upon 

 our fishermen, has increased them, and has been very alert in con- 

 fining them to the strict letter of the treaty of 1818, whenever that 

 has operated, as to their fishing and other liberties and privileges. 



