2 



On tho other hand, tlio \a\\u) of the lisherica in question 

 are of great importance to Canad.i, and there seems to be a 

 strong inclination in that country to protect what she may 

 deem her rights in the matter. She feels, it would appear, 

 that that source of wealth which nature has so lavishly 

 given her should be harvested for her benefit and not that 

 of another government. It is estimated that the value of 

 the fisheries to Canada in 1884 was about $15,000,000, em- 

 ploying about 60,000 men and 23,000 boats. These figures 

 are, of course, exclusive of Newfoundland, which is not a 

 part of the Dominion of Canada. 



With some idea of the attractiveness of the fisheries off 

 the shores of the Dominion both to its own people and to 

 the people of the United States, it will be well to ascertain 

 if possible, what are the legal claims of each to the waters in 

 dispute. 



When British North America and the United States were 

 colonies of Great Britain the rights to fish were common to 

 both. When Great Britain formally acknowledged the inde- 

 pendence of the colonies, the United States obtained " the 

 liberty " to take fish on the coasts of Newfoundland, but 

 not to dry or cure the same there. They were also granted 

 " the liberty " of taking and curing fish on the coasts and in 

 the bays and creeks of all British possessions in North 

 America as long as the same remained ansettled. Their 

 right " to enjoy unmolested the fisheries on the banks of 

 Newfoundland and at all other places on the deep sea where 

 the inhabitants of both countries used at any time previously 

 to fish " was explicitly acknov/ledged in the third article of 

 the same treaty, which was signed at Paris on September 3, 

 1783. During the years which elapsed between the signing 

 of this treaty and the breaking out of the war of 1812 the 

 British population increased along tho shores of the bays 

 and creeks of Nova Scotia and New Brunswick, and theu* in- 

 terest in tho fisheries, enjoyed in common with the Americans, 

 became very much greater. When the war came to a close 

 the question of the fisheries was revived and Great Britain 

 considered that any " liberty " formerly extended to the United, 

 States had naturally terminated, and refused to grant to the 

 Americans " gratuitously" the privileges they formerly en- 

 joyed of ^\fshin(j imtldn the limits of British territory or of 

 using the shoi'es of the Jxritish territories for purposes connected 

 with the fisheries," At tho same time they refused to con- 

 aider the claim sot up by tho United States Goveniment, of 

 " a)i immemorial and prescriptii^e right to the fisheries " claim- 

 ing t/iat any rights enjoyed hy the people of the old colonies in 

 common with other liritish suhjects ceased in those countries or 

 waters which loere still British possessioi\s when the former 

 became independent. When no undtsratanding could be 



