3 



reached cluiing the negotiations which ended with the Treaty 

 of Ghent in 1814, Great Britain instructed the officers of her 

 tieet stationed in British American waters not to interfere 

 with American vessels on the Newfoundhmd banks, oi in the 

 Gulf of St. Lawrence, or on the high seas, but to exclude 

 them from the harboi-s, bays and creeks of all His Majesty's 

 l)ossessions. Several American vessels were subsequently 

 captured for trespassing in British waters, and the Govern- 

 ment of the United States at last came to an amicable ar- 

 rangement on a question which might at any moment lead 

 to a serious international difficulty. The issue was the 

 treaty signed by England and the United States on 

 October 20, 1818, in which the rights of these two nations 

 were clearly defined. By the Jird article of that treaty it 

 was agreed that the inhabitants of the United Stjites should 

 have forcer, in common with British subjects, the liberty to 

 take and cure fish on certain, parts of Newfinmdland and 

 Lahnidur, and on the coasts of the Magdalen Islands, under a 

 few restrictions, on which it is not necessary to dwell, since 

 no serious differences have arisen on the subject. In the 

 same article the United States " renounce forever any liherty 

 hereto foi'e enjoyed or claimed by the inhahitants thereof to take, 

 dry, or cure fish on or loithin three marine miles of any of the 

 coasts, hays, creeks or harbors " of the British dominions in 

 America not included within the limits just mentioned. At 

 the same time American fishermen were to be permitted " to 

 enter such hays and harbors for the purpose of shelter and of 

 repairing damages therein, of purchasing wood, of obtaining 

 ivatcr, and for no other purpose whatever. 



The whole controversy in past years between Great Britain 

 (representing the Dominion of Canada and Newfoundland) 

 and the United States has turned upon the true effect of the 

 renunciation on the part of the latter " of any liberty here- 

 tofore enjoyed to take, dry and cure fish on or within three 

 marine miles of any of the coasts, bays, creeks or harbors " 

 of British North America. In order to understand the im- 

 portance of this point — which is in effect the fishery ques- 

 tion constantly crojjpiug up when all temporary arrange- 

 ments like the Washington Treaty of 1871 cease between 

 Canada and the United States — it is necessary to study the 

 natural configuration of the eastern or maritime provinces 

 of British North America. Looking at the map, we find 

 first of all the large island of Newfoundland standing at the 

 approaches of the Gulf of St. Lawrence. The French and 

 Americans have free access, as a matter of right, to the 

 Grand and other banks, and certain privileges of catching 

 and curing fish on the coasts. American fishermen fre(juent 

 the Grand Banks and come at times into the bays and 

 harbors for repairs and bait ; and the only important ques- 



