PERIOD FROM 1871 TO 1905. 



953 



posed, under this Article, to 

 declare that the Convention 

 of 1818 gave that privilege, 

 as well as the privilege of 

 purchasing other supplies In 

 the harbours of the Do- 

 minion. 



take fish had already been 

 expressly renounced. 



The purchase of bait and 

 other supplies by the Ameri- 

 can fishermen in the estab- 

 lished ports of entry of 

 Canada, as proposed in Ar- 

 ticle IV, is not regarded as 

 Inconsistent with any of the 

 provisions of the Treaty of 

 1818 ; and in this relation 

 it is pertinent to note the 

 declaration of the Earl of 

 Kimberly, in his letter of 

 February 16, 1871, to Lord 

 Llsgar, that " the exclusion 

 " of American fishermen 

 " from resorting to Canadian 

 " ports, except for the pur- 

 " pose of shelter, and of re- 

 " pairing damages therein, 

 " purchasing wood, and ob- 

 " taining water, might be 

 " warranted by the letter of 

 "the Treaty of 1818, and 

 " by the terms of the Im- 

 " perial Act 59, Geo. Ill, 

 "Chap. 38, but Her Maj- 

 " esty's Government feel 

 " bound to state that It 

 " seems to them an extreme 

 " measure Inconsistent with 

 " the general policy of the 

 " Empire, and they were dls- 

 " posed to concede this point 

 "to the United States GOT- 

 " ernment under such re- 

 " strictions as may be neces- 

 " sary to prevent smuggling, 

 and to guard against any 

 substantial invasion of the 

 ' exclusive rights of fishing 

 ' which may be reserved to 

 ' British subjects." 



It is not contended that 

 the right to purchase bait 

 and supplies, or any other 

 privilege of trade, was given 

 by the Treaty of 1818. 

 Neither was any such right 

 or privilege stipulated for or 

 given by the Treaty of 1854, 

 nor by the Treaty of Wash- 

 ington ; and the Halifax 

 Commission decided in 1877, 

 that it was not " compe- 

 tent " for that tribunal " to 

 " award compensation for 

 " commercial Intercourse be- 

 " tween the two countries, 

 " nor for purchasing bait, 

 " ice, supplies, &c., nor for 

 " permission to transship 

 " cargoes in British waters. 

 And yet this Government la 

 not aware that, during the 

 existence of the Treaty of 

 1854 or the Treaty of Wash- 

 ington, question was ever 

 made of the right of Ameri- 

 can fishermen to purchase 

 bait and other supplies In 

 Canadian ports, or that such 

 privileges were ever denied 

 them. 



