124 The Frederick Gerring, Jr. 



authorized her presence there? There is certainly no Canadian 

 statute law on the subject, and there is now no commercial treaty, 

 other than the convention of 1818, between Great Britain and the 

 United States which gives to American vessels the right to enter 

 Canadian territorial waters for any purpose whatever. According 

 to international usage the only purpose for which the ships of one 

 nation mav enter the territorial waters of another nation, at all 

 events during war, is for refuge or asylum. If there is any right 

 beyond this it must be a right secured either by statute or treaty. 

 Up to 1830 the United States had no commercial, as distinguished 

 from fishing, privileges for any of its vessels in the ports of the 

 British North American possessions. In a letter from Mr. Daniel 

 Manning, the Secretary of the Treasury of the United States, to 

 the Hon. Perry Belmont, dated February 5th, he says: 



I am advised and concede that up to President Jackson's 

 proclamation of October 5th, 1830, set forth on page 817 of 

 the 4th volume of the United States Statutes at Large, this 

 Government had not even commercial privileges for its vessels 

 in Canadian ports. We had such privileges as colonists, we 

 lost them as colonists, we regained them in 1830 by an 

 arrangement of legislation finally concerted with Great Brit- 

 ain, which was the result of an international understanding 

 that was in effect a treaty, although not technically a treaty 

 negotiated by the President, ratified by the Senate, signed by 

 the parties, and the ratification formally exchanged by them.^ 



He says in the same letter: 



The treaty of 1818 secured to our fishermen what, up to 

 that time, they did not have as a treaty right, which was. 

 admission to Canadian bays or harbours for the purpose of 

 shelter, and of repairing damages therein, or purchasing wood 

 and of obtaining water, "and for no other purpose zvhatever." 

 As colonists we had those rights, but as colonists we lost them 

 by just rebellion.^ 



By reference to the provisions of the treaties of 1794 and 1815, 

 it will appear that while the subject of commercial intercourse 



149th Congress, 2d Session, No. 4087, p. 20. 

 ^h.. p. 19. 



