170 CORRESPONDENCE, ETC., 



In view of these circumstances, with a desire to quiet the public 

 mind and furnish every assurance that the rights reserved to our citi- 

 zens under the treaty of 1818 shall be promptly and sacredly pro- 

 tected, and the further desire to prevent collision and promote fidel- 

 ity to treaty stipulations, the Executive of the United States has con- 

 cluded to send a naval force to cruise in the seas and bays frequented 

 by our fishermen. 



It is proper, however, in entering upon the task committed to your 

 charge* that you should be put in possession of the past history of 

 the controversies and treaties between the United States and Great 

 Britain in regard to the fishery questions, as well as the views enter- 

 tained by the present Administration. The following is the article 

 in the treaty of 1783 : 



"ART. 3. It is agreed that the people of the United States shall con- 

 tinue to enjoy, unmolested, the right to take fish of every kind on 

 the Grand Bank, and on all the other banks of Newfoundland, also 

 in the Gulf of St. Lawrence, and at all other places in the sea where 

 the inhabitants of both countries used at any time heretofore to fish ; 

 and, also, that the inhabitants of the United States shall have liberty 

 to take fish of every kind on such part of the coast of Newfoundland 

 as British fishermen shall use, (but not to dry or cure the same in that 

 island;) and, also, on the coasts, bays, and creeks of all other of his 

 Britannic Majesty's dominions in America; and that the American 

 fishermen shall have liberty to dry and cure fish in any of the un- 

 settled bays, harbors, and creeks of Nova Scotia, Magdalen Islands, 

 and Labrador, so long as the same shall remain unsettled ; but so soon 

 as the same, or either of them, shall be settled, it shall not be lawful 

 for the said fishermen to dry or cure fish at such settlement without 

 a previous agreement for that purpose, with the inhabitants, pro- 

 prietors or possessors of the ground." 



After the war of 1812 a controversy arose as to whether the stipu- 

 lations of that treaty were abrogated by that war. This controversy, 

 however, resulted in the convention of 1818, of which the following 

 is the article bearing on the points involved : 



" ARTICLE 1. 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, harbors, and creeks of his Bri- 

 tannic 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, harbors, and creeks, 

 from Mount Joly, on the southern coast of Labrador, to and through 

 the Straits of Belleisle, 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 un- 

 settled bays, harbors, and creeks of the southern part of the coast of 

 Newfoundland hereabove 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 



