DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 789 



clples of liberal equity and reciprocity as that, partial advantages (those seed 

 of discord) being excluded, such a beneficial and satisfactory intercourse be- 

 tween the two countries may be established as to promise and secure to both 

 perpetual peace and harmony. 



This declaration was repeated, in substance, in the definitive treaty 

 of peace of September 3, 1783. 



In both these treaties the right of fishery was defined as between the 

 people of both countries, the United States expressly yielding some 

 of the liberties they had enjoyed in common with the colonies that 

 remained subject to the British Crown on the coasts of Newfound- 

 land as to curing and drying fish on that island. 



The treaty of October 20, 1818; was made " to cement the good 

 understanding which happily exists between " the two Governments. 

 In that treaty we renounced our right of fishery on certain coasts, etc., 

 but regained the right to cure and dry fish on a part of the southern 

 coasts of Newfoundland. 



Under that treaty, which was reciprocal, misunderstanding arose 

 as to its meaning, and the reciprocity treaty of 1854 was made, in 

 part, " to avoid further misunderstanding between their respective 

 citizens and subjects in regard to the extent of the right of fishing 

 on the coasts of British North America secured by Article I of the 

 Convention " of 1818, and " to regulate the commerce and navigation 

 between their respective territories and people." 



The extensive reciprocity of this treaty continued for twelve years. 



At its termination by the United States the " misunderstandings " 

 under the treaty of 1818 again arose, when that convention became 

 then, as it is now, the measure of our treaty rights. 



The treaty of 1871 was made so as " to provide for an amicable set- 

 tlement of causes of difference between the two countries," and arbi- 

 tration and reciprocity pervaded every one of its forty-three 



articles. 



474 In all the wide range of our treaty engagements with the 

 treaty powers of the world there is scarcely one that does not 

 contain some mutual advantage or reciprocal concession, and they 

 cover every subject that has been suggested, in the experience of man- 

 kind, as being fit or convenient to be settled by international agree- 

 ment rather than to be left under the control or security that might 

 be afforded by the laws enacted by the respective countries, which 

 they could alter or repeal at pleasure. 



Now we are again remitted to the field of " misunderstanding," 

 " in regard to the extent of the right of fishing on the coasts of 

 British North America," with an increased number of cases of seizures 

 and interferences with our fishermen growing out of those disputes, 

 and the question is, whether we shall abandon all efforts to remove 

 these misunderstandings by further agreements, or shall we treat 

 every claim we make as a sine qua non, and its refusal an ultimatum, 

 and resort, as the first expedient, to retaliatory legislation to enforce 

 it. That failing, shall we stop and abandon the claim, or prepare for 

 its support by coercive measures? 



Retaliation may secure just dealing between nations whose in- 

 terests are entirely distinct and separate ; but that is not our situa- 

 tion toward the people or the governments of Canada or Newfound- 

 land. 



