AWARD OF THE FISHERY COMMISSION. 1543 



4 



citizens from carrying away such articles, but not otherwise. As I 

 understand the effect of this commercial clause, whatever may be ex- 

 ported from the British Provinces by anybody by their own citizens, 

 by Frenchmen, or by citizens of other nations at peace with them may 

 also be exported by citizens of the United States on the same terms, as 

 to export duty, that apply to the rest of the world. If, then, Newfound- 

 land sees fit to conclude that the sale of bait fish caplin,or herring, or 

 squid and ice is injurious to its interests, and therefore forbids their ex- 

 port altogether, that prohibition may extend to the citizens of the United 

 States ; but the citizens of the United States have there the same privi- 

 leges with the rest of the world ; they cannot be excluded from the right 

 to buy and take bait out of the harbors of Newfoundland, unless the rest 

 of the world is also so excluded. However, this is of remote consequence, 

 and perhaps of no consequence, to the subject under discussion. 



The material thing is this: Under the Treaty of Washington we can- 

 not prevent such leg'slation. The Treaty of Washington confers upon, 

 us no right whatever to buy anything in Her Majesty's dominions. The 

 Treaty of Washington is a treaty relating to tishingaudto nothing else. 

 I am aware of the ground taken in the reply filed by the British Agent. 

 It is this: 



Previous to the date of the Treaty of Washington, American fishermen were, by the 

 1st Article of the Convention, of 1818, admitted to enter the bays and harbors of His 

 Britannic Majesty's dominions in America for the purpose of shelter and of purchasing 

 wood and of obtaining water and for no other purpose whatever. 



By the terras of Article 18 of the Treaty of Washington, United States fishermen were 

 granted " permission to land upon the said coasts and shores and islands, and also upon 

 the Magdalen Islands for the purpose of drying their nets and curing their fish." 



The words "for no other purpose whatever" are studiously omitted by the framera of 

 the last-named treaty, and the privilege, in common with the subjects of Her Britannic 

 Majesty, to take fish and to laud for fishing purposes, clearly includes the liberty to 

 purchase bait and supplies, transship cargoes, &c., for which Her Majesty's Govern- 

 ment contend it has a right to claim compensation. 



Well, as the quotation stands, to my mind it would be a non sequitur, 

 but when you turn to the 1st Article of the Convention of 1818, you 

 find that under it the conclusion quoted is a renunciation accompanied 

 by two provisos: 



And the United States hereby renounce forever any liberty heretofore enjoyed 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 harbors of His Britannic Majesty's domin- 

 ions in America, not included in the above-mentioned limits. 



This was a renunciation of the right to fisji inshore, and it is followed 

 by this further proviso : 



Provided, however, that the American fishermen shall be admitted to enter such 

 bays or harbors for the purpose of shelter and of repairing damages therein, of pur- 

 chasing wood, and of obtaining water, and for no other purpose whatever. 



This coupled the renunciation of the inshore fishery with the proviso, 

 that there may be resort to British waters for shelter and repairs, an I 

 for obtaining wood and water. Then it goes on to say : 



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 abusiug the 

 privileges hereby reserved to them. 



Whenever American fishermen seek British ports for shelter, or go 

 there to repair damages to their vessels, or for wood and water, they 

 shall be under restrictions to prevent them from taking or curing nsu 

 therein. Now it was to remove those restrictions which prevented them 

 from taking, drying, and curing fish, that the language framed in tho 

 18th Article of the Treaty of Washington was adopted, which gives the 



