512 MISCELLANEOUS 



regards commercial intercourse between British Dominions in North 

 America and the United States. 



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 hav- 

 ing 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 today, and em- 

 bodies the whole of the fishing privileges to which United States 

 citizens are entitled in the waters that wash the coasts of Newfound- 

 land and the Dominion of Canada. 



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, harbours and creeks of His Britan- 

 nic Majesty's Dominions in America, it is agreed between the high 

 contracting parties that the inhabitants of the said United States 

 shall have for ever, in common with subjects of His Britannic Maj- 

 esty, 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 Mag- 

 dalen Islands, and also on the coasts, bays, harbours 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 unset- 

 tled bays, harbours 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 for ever any liberty heretofore en- 

 joyed 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 harbours of his Britannic Majesty's Dominions in America not 

 included within the above-mentioned limits: 



" Provided, however, that the American fishermen shall be admitted 

 to enter such bays or harbours 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 prevent their taking, drying, 



