AWARD OF THE FISHER* COMMISSION. 1729 



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 dominions iu 

 America not included within the above mentioned limits. Provided, however, that the Ameri- 

 can fishermen shall be admitted to enter such bays or harbors, for the purpose of shelter, 

 and of reparing damages therein, of purchasing wood and of obtaining wuter, and for no 

 other purpose whatever. But they shall be under such restrictions as shall be necessary to 

 prevent their taking, drying, or curing tish therein, or in any other manner whatever abusing 

 the privileges hereby reserved to them. 



The difference between this convention and the Treaty of 1783 con- 

 sists in the exclusion of the Americans from the shore and bay fisheries 

 which they enjoyed under the Treaty of 1783. This was more than sufH- 

 cieut to mark the abandonment by the Americans of the position as- 

 sumed at Ghent, that war had not abrogated their fishing liberties under 

 that treaty. It is, in fact, owing to that important difference that I have 

 at this moment the honor of addressing myself to this distinguished tri- 

 bunal. 



Six years after the adoption of this convention, in 1824, differences 

 grew out of the three-miles limit, though it does not appear to have 

 arisen from the headland question, or fishing in bays. 



Mr. Brent (as quoted at p. 8 of the United States Brief) speaks of 

 American citizens who have been interrupted "during the present season 

 in their accustomed and lawful employment of taking and curing Ji^h in 

 the Bay of Fundy and upon the Grand Banks, by the British armed 

 brig Dotterel, &c. 



Mr. Addington answers (p. 8 and 9 of United States Brief), that the 

 complainants are not entitled to reparation for the loss they have sus- 

 tained, having rendered themselves obnoxious, having been taken, some 

 flagrante delicto, and others under such circumstances that they could 

 have no other intention than that of pursuing their avocations as fisher- 

 men within the lines laid down by treaty as forming boundaries within 

 .which pursuit was interdicted to them. 



The United States Brief, which is now confessed to have been in- 

 spired by a misapprehension of the facts, states (p. 9) that the claim to 

 exclude the American fishermen from the great bays, such as Fundy 

 and Chaleurs, and also from a distance of three miles, determined by a 

 line drawn from headland to headland across their mouths, was not at- 

 tempted to be enforced until the years 1838 and 1839, when several of 

 the American fishing- vessels were seized by the British cruisers for fish- 

 ing in the large bays. 



This admission, coupled with the complaint of 1824, makes it evident 

 that indisputable portions of the convention had been violated since 

 American vessels had been seized in Two-Islands Harbor, Grand Mauau. 

 This was, even with the present American interpretation of the Conven- 

 tion of 1818, as to headlands, an evident trespass on prohibited grounds; 

 and the rescue of the vessels seized by the fishermen of Eastport, and 

 other similar instances should not be mentioned otherwise than as acts 

 of piracy, which a powerful nation may disregard for peace sake, but 

 will resent when treasured injury explodes on other occasions. 



It has been the policy of certain American statesmen to lay the 

 blame of most of their fisheries difficulties on the shoulders of colonists 

 in order to obtain their easy settlement at the hands of a distant, and 

 (quoad lucrum) disinterested, imperial and supreme power, 

 natural connection between causes and effects our maritime provinces, 

 most in proximity to the United States, had to bear the brunt of a ti 

 angular duel, the chief part of which fell to Nova Scotia, who show 

 herself equal to the occasion. It can be shown that what was style 

 almost barbarian legislation on the part of the Xova Scotia Parli nt, 

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