PERIOD FROM 1871 TO 1888. 189 



decision under the Special Agreement of January 27, 1909, relates to 

 the exercise of such privileges on the so-called treaty coasts in dis- 

 tinction from the coasts covered by the renunciatory clause. It 

 should be noted in passing, however, that the United States did not 

 claim that commercial privileges on the Canadian coasts depended 

 upon the treaty of 1818, the contention of the United States on 

 that point being stated by Secretarj^ of State Bayard in his note of 

 May 10, 1886, to Sir Lionel Sackville-West, the British Minister at 

 Washington at that time, as follows: 



But since the date of the treaty of 1818, a series of laws and regu- 

 lations importantly affecting the trade between the North American 

 Provinces of Great Britain and the United States have been, respec- 

 tively, adopted by the two countries, and have led to amicable and 

 mutually beneficial relations between their respective inhabitants. 



This independent and 3^et concurrent action by the two Govern- 

 ments has effected a gradual extension, from time to time, of the pro- 

 visions of Article I of the convention of July 3, 1815, providing for 

 reciprocal liberty of commerce between the United States and the 

 territories of Great Britain in Europe, so as gradually to include the 

 colonial possessions of Great Britain in North America and the West 

 Indies within the results of that treaty. 



President Jackson's proclamation of October 5, 1830, created a 

 reciprocal commercial mtercourse, on terms of perfect equality of 

 flag, between this countiy and the British American dependencies, 

 by repealing the navigation acts of April 18, 1818, May 15, 1820, and 

 March 1, 1823, and admitting British vessels and their cargoes "to 

 an entry in the ports of the United States from the islands, provinces, 

 and colonies of Great Britain on or near the American continent, and 

 north or east of the United States." These commercial privileges 

 have since received a large extension in the interests of propinquity, 

 and in some cases favors have been granted b}^ the United States 

 without equivalent concession. Of the latter class is the exemption 

 granted by the shipping act of June 26, 1884, amounting to one-half 

 of the regular tonnage-dues on all vessels from the British North 

 American and West Indian possessions entering ports of the United 

 States. Of the reciprocal class are the arrangements for transit of 

 goods, and the remission, by proclamation, as to certain British ports 

 and places of the remainder of the tonnage-tax, on evidence of equal 

 treatment being shown to our vessels. 



On the other side, British and colonial legislation, as notably in 

 the case of the imperial shipping antl navigation act of June 26, 1849, 

 has contributed its share toward building up an intimate intercourse 

 and beneficial traffic between the two countries founded on mutual 

 interest and convenience." 



The British position on the other hand, as stated in the course of 



the correspondence, was that under the renunciatory clause of the 



treaty it had been agreed that the American fishermen were to 



fl Appendix, p. 764. 



