163 



the wnr, the British governmont rovived tlicir })rctcnsion 1,o tb(> con- 

 trary immediately aik-r the peace. An American vessel was lallen in 

 with by the armed ship the Jaseur, Locke, conmiaruhjr, in Jun", 1815, 

 when about forty-five miles from Cape Sable; and her papers were en- 

 dorsed, "Warned off the coast, not to come within sixty miles." So 

 extraordinary a procedure was promptly disavowed as unauthorized; 

 but discussions ensued, wiiich were terminated, in ISIS, by the conclu- 

 sion of a treaty^ that embodied a compromise of the adverse views of 

 the two cabinets, and which is still in force. The article is as follows: 



"Whereas dillerences have arisen respecting the liberty claimed 

 bj-- 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 hiirh con- 

 tracting parties that the inhabitants of the said United Stat('S shall 

 have lijrever, 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 C-ape Ray to the Ilameau 

 islands, on the western and northern coast of Newfoundland; from 

 the said Cape Ray to the Quir])on islands, on the shores of the Mag- 

 dalene islands, and also on the coasts, bays, harbors and creeks ti-om 

 Mount Joly, on the southern coast of Labrador, to and through the 

 Straits of JBellisle, and thence northwardly indefinitely along the coast; 

 without prejudice, however, to any of the exclusive rights of the Hud- 

 son's Ba\^ Company ; and that the American fishermen shall also have 

 liberty, forever, to dry and cure fish in any of the unsettled bavs, har- 

 bors and creeks of the southern part of the coast of Newfoundland, 

 hereabove 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 or cure fish at such portion so settled, with- 

 out previous agreement f()r such purpose, with the inhabitants, pro- 

 prietors, or possessors of the ground. And the United States hereby 

 renounce, forever, the liberty heretofore enjoyed or claimed bv the 

 inhabitants thereof, to take, dry, or care fish, on or within three marine 

 miles of any of the coasts, bays, ciccks or harbors, of his Britannic 

 Majesty's dominions in America, not included within the above men- 

 tioned limits: provided, however, that the American fishermen shall 

 !)(' admitted to enter such bays or harbors for the purpose of shelter, 

 and of repairing damages therein, of purchasing wood and of obtain- 

 ing water, and hv no other purpose whatever. But they shall be 

 under such restrictions as may be necessary to prevent their taking, 

 (hying, or curing fish therein, or in any other manner whatever 

 abusing the privileges hereby reserved to them." 



The distinguishing features of this article, as compared with the 

 stipulations of the treaty of 1783, are obviously two: first, that wc 

 gave up the catching along certain shores ; and, secondly, that onr 

 lacilities oi" finjii/g ancl curing were increased. The practical construo 

 tion f)f hoili governments has been, until a very recent jieriod, that 

 our vessels could y/Vt everywhere, as under the treaty of 178:5, except 

 irilhiii three miles nj certain coasts; in other words, that our rigiils were 

 not impaired on the southern shore of Newfoundland, between Cape 

 R-ay and the Ramcau islands, on the western and norlhern shores of 



