278 MISCELLANEOUS 



granted them under their Treaty with Great Britain in the year 1818. 

 England could not and would not have granted to the United States 

 that which she had no right to grant, and much less would she de- 

 prive the inhabitants of the soil of rights she had granted to non- 

 residents and to aliens. 



That should Her Majesty's Government deem it desirable to appoint 

 Commissioners to negotiate with the French Government with a view 

 to the settlement of existing disputes between the fishermen of the 

 two nations, such Commissioners should be instructed to make no 

 concession whatever of any part of the soil beyond the privilege to 

 which the French are entitled under existing Treaties, namely: 

 " To erect stages made of boards, and huts necessary and usual for 

 drying fish, nor to resort to the said Island beyond the time necessary 

 for fishing or drying fish;" nor any fishery rights other than a con- 

 current right, to which only they are entitled. 



That the simple questions for the consideration and decision of the 

 Commissioners be limited to the beach or strand necessary for the 

 purposes contemplated under the Treaty, extending from the sea 

 towards the interior, limiting that space to the necessary requirements 

 of " landing and drying their fish," and their sea-fishing to the en- 

 trance of the rivers flowing from the interior within which rivers 

 the French have no right of fishing whatever. 



That the valuable and important privilege to purchase bait, both 

 herring and caplin, on the Southern Coast be conceded to the French 

 to be exercised at such times as British subjects may lawfully take 

 the same, conditionally that the French abandon their untenable pre- 

 tentions to an exclusive fishery. 



The foregoing Resolutions were read and adopted by His Excel- 

 lency the Governor and Council, and a certified copy handed His 

 Excellency for transmission to the Right Honorable the Earl of 

 Kimberley, 1st September, 1873. 



Extracts from the Debates of the Senate of the Dominion of Canada, 

 Session 1888, on the Fisheries Treaty Bill. 



(Second reading.) 



(April 25, 1888.) 

 (Hon. Mr. ABBOTT.) * * * 



We know of course that before the war of 1812 there existed a 

 treaty which gave great privileges to the United States fishermen 

 much greater than have existed since in fact an almost community 

 of right of fishing between them and the fishermen of our country. 

 By the war of 1812, as Great Britain contended this treaty was vir- 

 tually cancelled, and similar discussions and difficulties to those which 

 we have had since commenced after the war of 1812, and lasted until 

 the treaty which is now in force was passed in 1818. Between the 

 termination of the war and the making of the Treaty, difficulties and 

 disputes constantly arose. The Americans contended that the war 

 had not destroyed the force of the Treaty ; that it was still binding ; 

 that they had the free right of fishing along our coasts as we had our- 

 selves; and they endeavored to enforce these rights, that is to say 



