1542 AWARD OF THE FISHERY COMMISSION. 



course between the United States and Her Majesty's subjects in Europe, 

 states 



The inten-nnrse between the United States aud His Britannic Majesty's possessions 

 in lli- W-ct Iiuli.-s, and on the continent of North America, shall not be affec-ed by 

 any of tin- provsions of this article, but each party shall remain in the complete pos- 

 -*M.'ii ot it.s rijihta, with respect to such an intercourse. 



Thus the commercial intercourse between the two countries is 

 provided for by the Treaty of 1815, which, as I understand it, under its 

 various extensions, is in force to-day. It refers back to former and pre- 

 existing rights, to find which it is necessary to go still farther back to 

 the Treaty of 1794, commonly known as Jay's Treaty. Turning to that 

 we find that the third article deals with the special relations between 

 the United States and the British North American Colonies. It might 

 be supposed and the argument perhaps might be correct, though I do 

 not say whether this would be the case or not that the war of 1812 

 abrogated the provisions of the Treaty of 1794, were it not that the, 

 Commercial Convention of 1815 referring to previous existing rights, 

 quite manifestly, I think, treats as still in force the provisions of this 

 article of the Treaty of 1794. I will not read the whole article, but it 

 stipulates "that all goods and merchandise whose importation into His 

 Majest\'s said territories in America, shall not be entirely prohibited, 

 may freely aud for ihe purposes of commerce be carried into the same 

 in the manner aforesaid by the citizens of the United States, aud that 

 such goods and merchandise shall be subject to no higher or other 

 duties than are payable by His Majesty's subjects, on importing the 

 same into the said territories; and in like manner, that the goods and 

 merchandise whose importation into the United States shall not be 

 wholly prohibited, may freely tor the purposes of commerce be carried 

 i:ito the same by His Majesty's subjects, and that such goods and mer- 

 chandise shall be. subject to no higher or other duties than are payable 

 by the citizens of the United Stateson importing the same in American 

 vessels into the Atlantic ports of the said States; and' mark this "that 

 all goods not prohibited from being exported from the said territories, 

 resi>ectively, may, in like manner, be carried out of the same by the two 

 parties, respectively, on paying duty as aforesaid"; that is to say, as I 

 understand it, the inhabitants of each country going for the. purposes of 

 commerce to the other country, may export its goods, so long as their, 

 exportation is not wholly prohibited, upon the same terms as to export 

 duties as would be imposed on Her Majesty's subjects. Then the arti- 

 cle after some other paragraphs closes thus: " As this article is intended 

 to render, in a great degree, the local advantages of each party, common 

 to both, and thereby to promote a disposition favorable to friendship 

 and good neighborhood, it is agreed that the respective governments 

 will mutually promote this amicable intercourse by causing speedy and 

 impartial justice to be done, and necessary protection to be extended to 

 all who may be concerned therein." 



Ce:it Ieii.cn, such 1 understand to be the footing on which commercial 



DtereourHf stands between the two countriesto-day, if there is any treaty 



hat governs commerce between the British North American Province* 



nted States. And if this is not the case, the relations between^ 



ountnes stand upon that comity aud commercial freedom which' 



between al, civilized countries. The effect of these provisions, to 



toy an illustration, is this: If the Government of Newfoundland 



t its own people from exporting fish for bait, in which 



ifled, they carry on a trade of 40,01)0 or 50,000 auuu- 



l lerre, it can also, by the same law, prohibit United States 



