BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 419 



After the conclusion of the treaty following the war of 1812, viz, 

 that of the 24th of December, 1814, there being then no treaty obliga- 

 tions or reciprocal laws in force between, or in, either of the coun- 

 tries respecting commercial intercourse, the British Government con- 

 tended that the fishing rights recognized and secured to the citizens 

 of the United States by the treaty of 1783 had become abrogated in 

 consequence of the war of 1812, on the principle of war annulling all 

 unexecuted engagements between two belligerents. The fishing 

 rights conveyed to the United States of America by the treaty of 1783 

 having been annulled by the war of 1812, the citizens of the United 

 States no longer had the right to fish in any of the North American 

 waters. This exclusion continued until the conclusion of the treaty 

 of the 20th October, 1818, which treaty remains in force to-day, and 

 embodies the whole of the fishing rights or privileges to which United 

 States citizens are entitled in the waters that wash the coasts of this 

 colony;. 



Article I of that treaty contains a recital of the fishing privileges in 

 British North American waters conveyed to the United States by the 

 Imperial Government. That article reads as follows : 



" 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 Britannic 

 Majesty's dominions in America, it is agreed between the high con- 

 tracting 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 Belle Isle, 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 

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

 of Newfoundland, above 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 and cure fish at 

 such portion so settled without previous agreement for such purpose 

 with the inhabitants, proprietors, or possessors of the ground. And 

 the United States hereby renounces forever any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof to take, dry, or cure 

 fish on or within three marine miles of any of the coasts, bays, creeks, 

 or harbors of His Britannic Majesty's dominions in America not in- 

 cluded within the above-mentioned limits: Provided, however, That 

 the American fishermen shall be admitted to enter such bays or har- 

 bors for the purpose of shelter and of repairing damages therein, of 

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

 whatever. *But they shall be under such restrictions as may be neces- 

 sary to prevent their taking, drying, or curing fish therein, or in any 

 other manner whatever abusing the privileges hereby reserved to 

 them." 



92909 S. Doc. 870, 61-3, vol 6 35 



