NOTE ON TRADE EEIATTONS. 129 



In 1699 a British statute (10 & 11 Wm. Ill, c. 25) provided (Brit- 

 ish Case, App., p. 525) 



" that no alien or stranger whatsoever (not residing within the king- 

 dom of England, dominion of Wales, or town of Berwick upon 

 Tweed} shall at any time hereafter take any bait, or use any sort of 

 trade or fishing whatsoever in Newfoundland, or in any of the said 

 islands or places abovementioned." 



These statutes were in force in 1783, and consequently, by the erec- 

 tion of the United States into an independent sovereignty, their 

 effect was to exclude all United States vessels from British ports in 

 North America (British Counter-Case, App., p. 133). 



1782-3. During the negotiations which preceded the treaty of 

 peace in 1783, attempts were made to agree upon the establishment 

 of trade relations between the United States and the British colonies 

 in North America ; but agreement could not be arrived at. 



1786. After the peace, the British statute (26 Geo. Ill, c. 26) 

 provided (British Case, App. pp. 555, 559) : 



" That it shall not be lawful for any person or persons, residing in, 

 or carrying on fishery in the said Island of Newfoundland, or on the 

 banks thereof, there to sell, barter, or exchange any ship, vessel, or 

 boat, of what kind or description soever, or any tackle, apparel, or 

 furniture, used, or which may be used by any ship, vessel, or boat; 

 or any seines, nets, or other implements or utensils, used, or which may 

 be used, in catching or curing fish, or any kind of bait whatsoever, 

 used, or which may be used, in the catching of fish ; or any kind of 

 fish, oil, blubber, seal skins, peltry, fuel, wood, or timber, to or with 

 any person or persons whatsoever, other than the subjects of His 

 Majesty, his heirs and successors." 



This statute (as well as that of 1699) was in force at (he date of the 

 1818 treaty. 



1794. A treaty was agreed to between Great Britain and the 

 United States, which stipulated that (British Case, App., p. 20) 



"There shall be between all the dominions of His Majesty in 

 Europe and the territories of the United States a reciprocal and per- 

 fect liberty of commerce and navigation." 



It also provided (Ibid., p. 19) 



" that it shall and may be lawful, during the time hereinafter limited, 

 for the citizens of the United States to carry to any of His Majesty's 

 islands and ports in the West Indies from the United States, in their 

 own vessels, not being above the burthen of seventy tons, any 



goods or merchandises, being of the growth, manufacture, or 

 149 produce of the said States, which it is or may be lawful to 



carry to the said islands or ports from the said States in Brit- 

 ish vessels;" 



No agreement could be reached by which United States vessels 

 would be enabled to enter the ocean ports of British North America. 



