BRITISH, COLONIAL AND OTHER CORRESPONDENCE, ETC. 513 



or curing fish therein, or in any other manner whatever abusing the 

 privileges hereby reserved to them." 



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 the Colony of Newfoundland and of 

 His Britannic Majesty's other Dominions in America. It also pro- 

 vided for a renunciation by the United States of pre-existing rights 

 to take fish within 3 marine miles of any of the coasts, bays, creeks, 

 or harbours of His Britannic Majesty's Dominions in British North 

 America, not included within the limits set forth in the article which 

 I have read, that renunciation being subject, however, to the proviso 

 that "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 pur- 

 pose whatever. But they shall be under such restrictions as may be 

 necessary to prevent their taking, drying, or curing fish therein or 

 in any other manner whatever abusing the privileges hereby reserved 

 to them." 



The Conference will not fail to observe that this Treaty contained 

 no provision as respects the exercise of what may be termed " com- 

 mercial rights " by American fishing or other vessels in the waters 

 of the Colony of Newfoundland or 01 His Majesty's other Dominions 

 in America. 



It was not until 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 29th, 1830, providing for the 

 opening of all American ports to certain British Colonial vesssels 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 led to acts of aggression 

 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 Newfoundland passed a Bill, entitled, "An Act to prevent the 

 encroachment of aliens on the fisheries of this Colony, and for the 

 further protection 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 3-mile 

 limit; and, that in the year 1838, the said Province of Nova Scotia 

 complained by address to the Queen of such aggressions, and asked 

 for naval force to prevent them. This force was supplied by the 

 British Government and seizures of American fishing vessels became 

 common. 



Down through the years until 1854 the same conditions applied, 

 when on the 5th of June, 1854, a comprehensive reciprocal trade treaty 

 was entered into between His Majesty's Government and that of the 

 United States, under which Americans were granted the right to fish 

 within the limits prescribed by the Treaty of 1818, under certain 



