420 MISCELLANEOUS 



The treaty limited to a territorial extent the fishing rights of the 

 people of the United States, which they had enjoyed as British sub- 

 jects, and which had been recognized and continued under the treaty 

 of peace of 1783 and down to the year 1812. 



It provided for the continuance of the ancient rights of fishing on 

 certain parts of the coast of this colony and of His Britannic Maj- 

 esty's other dominions in America. It also provided for a renuncia- 

 tion by the United States of pre-existing rights to take fish within 

 three marine miles of any of the coasts, bays, creeks, or harbors of His 

 Britannic Majesty's dominions in British North America not in- 

 cluded within the limits set forth in the article which I have read, 

 that renunciation being subject, however, to the proviso that "Ameri- 

 can fishermen shall be admitted to enter such bays or harbors 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 necessary to pre- 

 vent their taking, drying, or curing fish therein, or in any other man- 

 ner whatever abusing the privileges hereby reserved to them." 



The House will not fail to observe that the ancient right of fishing 

 enjoyed by the fishermen of the United States, in common with the 

 subjects of Great Britain, was continued in force by the treaty of 

 1818, in the first place along a certain portion of the coast of New- 

 foundland, viz: On the southern coast extending from Cape Kay to 

 Rameau Islands, and on the western and northern coast from Cape 

 Ray to Quirpon Islands; and, in the second place, along the coasts, 

 bays, harbors, and creeks of the Labrador coast, from Mount Joly on 

 the southern coast of Labrador to and through the Straits of Belle 

 Isle, and thence northwardly indefinitely; and that the renunciation 

 on the part of the United States to fish on other coasts of the island, 

 and in the bays, harbors, and creeks thereof, is perfectly clear and 

 emphatic. The treaty contained no provision as respects the exercise 

 of what may be termed " commercial rights " by the American fishing 

 or other vessels in the waters of this colony, and the right remained, 

 and still remains, of the government of this colony to exclude Ameri- 

 can fishing vessels from all other waters or ports within the jurisdic- 

 tion of the colony, subject, of course, to the limitation of the general 

 law which applies to all civilized communities with respect to vessels 

 under circumstances requiring the assistance of humanity. 



It was not till the year 1830 that a reciprocal arrangement was 

 entered into between the Government of Great Britain and that of 

 the United States for what might be properly termed " commercial " 

 relations, the act of Congress of May 29, 1830, providing for the open- 

 ing of all American ports to certain British colonial vessels on a 

 mutual opening of British colonial ports to American vessels, and a 

 proclamation dated the 5th of October, 1830, giving effect to it on the 

 part of Great Britain. 



This arrangement would appear to have resulted in acts of aggres- 

 sion on the part of American subjects, and to a violation of the treaty 

 obligations of 1818; for we find that in the year 1836 the government 

 of this colony passed a bill, entitled "An act to prevent the encroach- 

 ment of aliens on the fisheries of this colony, and for the further pro- 

 tection of the said fisheries;" that, in the same year, the Province of 

 Nova Scotia passed laws in respect to the seizure of American fishing 

 vessels for trading and fishing within the three-mile limit; and that, 



