764 CORRESPONDENCE, ETC. 



1818, it should not be lawful for American fishermen to take, dry, or 

 cure fish. There is no hesitancy upon the part of the Government of 

 the United States to proclaim such inhibition and warn their citizens 

 against the infraction of the treaty in that regard, so that such in- 

 shore fishing cannot lawfully be enjoyed by an American vessel being 

 within three marine miles of the land. 



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, respect- 

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

 mutually beneficial relations between their respective inhabitants. 



This independent and yet 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 intercourse, on terms of perfect equality of 

 flag, between this country 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 by 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 and 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. 



These arrangements, so far as the United States are concerned, de- 

 pend upon municipal statute and upon the discretionary powers of the 

 Executive thereunder. 



The seizure of the vessels I have mentioned, and certain published 

 " warnings " purporting to have been issued by the colonial authori- 

 ties, would appear to have been made under a supposed delegation of 

 jurisdiction by the Imperial Government of Great Britain, and to be 

 intended to include authority to interpret and enforce the provisions 

 of the treaty of 1818, to which, as I have remarked, the United States 

 and Great Britain are the contracting parties, who can alone deal 

 responsibly with questions arising thereunder. 



