ARTICLE I OF TREATY OP 1818. 0-7 



in relation to commercial privileges, inasmuch as the only question 

 involving commercial privileges in this case concerns the enjoyment 

 of such privileges on the coasts other than those mentioned in this 

 clause. 



With reference, however, to the enjoyment of commercial privi- 

 leges by American fishermen on the coasts not covered by the renun- 

 ciatory clause of the treaty, which is the subject of Question 7 

 submitted for decision in this Arbitration, it is important, while 

 these negotiations are under consideration, that attention be directed 

 to one feature of them in connection with this question. 



It will be remembered that the British counter proposal, after 

 describing the coasts on which the liberty of fishing was to be enjoyed 

 by the American fishermen, contained the following provisions : 



It is further well understood that the liberty of taking, drying, 

 and curing fish, granted in the preceding part of this article, shall not 

 be construed to extend to any privilege of carrying on trade with 

 any of His Britannic Majesty's subjects residing within the limits 

 hereinbefore assigned for the use of the fishermen of the United 

 States, for any of the purposes aforesaid. 



And in order the more effectuall}^ to guard against smuggling, it 

 shall not be lawful for the vessels of the United States, engaged in 

 the said fishery, to haA'^e on board any goods, wares, or merchandise 

 whatever, except such as may be necessary for the prosecution of the 

 fishery, or the support of the fishermen whilst engaged therein or in 

 the prosecution of their voyages to and from the said fishing grounds. 

 And any vessel of the United States which shall contravene this 

 regulation may be seized, condemned, and confiscated, together with 

 her cargo.'* 



To these provisions the American Plenipotentiaries objected, as 

 has already been shown, stating that — 



Whatever extent of fishing-ground may be secured to American 

 fishermen, the American plenipotentiaries are not prepared to accept 

 it on a tenure or on conditions different from those on which the 

 whole has heretofore been held. Their instructions did not antici- 

 pate that any new terms or restrictions would be annexed, as none 

 were suggested in the proposals made by Mr. Bagot to the American 

 Government. The clauses forbidding the spreading of nets, and 

 making vessels liable to confiscation in case any articles not wanted 

 for carrying on the fishery should be found on board, are of that 

 description, and would expose the fishermen to endless vexations.^ 



The draft, as finally accepted, was proposed by the British Pleni- 

 potentiaries after the receipt of these objections, and it will be 

 observed that the objectionable provisions were omitted from it. 



'^ Supra, p. 58. ^ Supra, p. 59. 



