10 THE ARGUMENT OF THE UNITED STATES. 



use of the strand were annuled by a subsequent war and were not 

 revived by the resumption of peaceful relations. 



As neither Government would recede from its position the treaty 

 of peace of 1814 was concluded without a provision harmonizing or 

 compromising these differences. 



In the years immediately following the peace of 1814 the American 

 fishermen resorted to the inshore waters of the British colonies as 

 they had prior to the war, but warnings and seizures by armed ves- 

 sels of Great Britain interfered with the industry, and the volumi- 

 nous diplomatic correspondence, which resulted, emphasized the 

 irreconcilable differences which existed between the two Governments 

 as to American fishing rights subsequent to the War of 1812. 



It was these differences, which caused the subject of the fisheries to 

 be included in the negotiations of 1818, and it was to them that refer- 

 ence is made in the preamble in Article I of the treaty of 1818, which 

 article reads as follows: 



Whereas differences have arisen respecting the Liberty claimed 

 by the United States for the Inhabitants thereof, to take, dry and 

 cure Fish on Certain Coasts, Bays, Harbours and Creeks of his 

 Britannic Majesty's Dominions in America, it is agreed between the 

 High Contracting Parties, that the Inhabitants of the said United 

 States shall have forever, in common with the Subjects of His Britan- 

 nic Majesty, the Liberty to take Fish of every kind on that part of 

 the Southern Coast of Newfoundland which extends from Cape Kay 

 to the Rameau Islands, on the Western and Northern Coast of New- 

 foundland, from the said Cape Ray to the Quirpon Islands, on the 

 shores of the Magdalen Islands, and also on the Coasts, Bays, Har- 

 bours, and Creeks from Mount Joly on the Southern Coast of 

 Labrador, to and through the Straits of Belleisle and thence North- 

 wardly indeffinitely along the Coast, without prejudice however, to 

 any of the exclusive Rights of the Hudson Bay Company; and that 

 the American Fishermen shall also have the liberty forever, to dry 

 and cure Fish in any of the unsettled Bays, Harbours, and Creeks of 

 the Southern part of the Coast of Newfoundland hereabove de- 

 scribed, and of the Coast of Labrador ; but so soon as the same, or any 

 Portion thereof, shall be settled, it shall not be lawful for the said 

 Fishermen to dry or cure Fish at such Portion so settled, without 

 previous agreement for such purpose with the Inhabitants, Pro- 

 prietors, or Possessors of the ground. And the United States hereby 

 renounce forever, any Liberty heretofore enjoyed or claimed by the 

 Inhabitants thereof, to take, dry, or cure Fish on, or within three 

 marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His 

 Britannic Majesty's Dominions in America not included within the 

 above mentioned limits; provided, however, that the American Fish- 

 ermen shall be admitted to enter such Bays or Harbours for the pur- 

 pose of Shelter and of repairing Damages therein, of purchasing 

 Wood, and of obtaining Water, and for no other purpose whatever. 



