M 



NV[,'otiations in 

 1783. 



'I'l'i'iily of Pari:', 

 Supti'iiibor y, 1783. 



uiirlils sccin'cij to 

 ! 'ii1»(m1 Stato' >uh' 

 !■ (I- liv 'I'l-i'alv (■(' 

 'l7h:;. ■ 



Ouil)r(ali of war 

 .f 181-'. 



i ;i(>li,".tion.- !lt 



iiciil, ISH. 



Iiiiroduction, 



1\ laying- the case of Her -Mujosty's (iovcrnmeiit bolorc the (-'oiniiiissioners, it 

 will be (iLsirul)le to cuinmcncc by ;i biief history of the Fisheries Question since the 

 outbrciik of the War of IndcpendtMice in 1775, 



lielore the conuucnceinent of this war all British colonists enjoyed equal 

 privileges in matters connected with fishing, but at its close, and on the conclusion 

 i of |ieace, it became a question liow far such privileges should be restored to those 

 ' who had separated from the British Crown. The matter was very fully discussed 

 in the negotiations which preceded the Treaty of the 3rd September, 1783, and 

 though Cireat Britain did not deny tiic right of the American eitizcns to fish on the 

 Cheat Banks of Newfoundland, or in the (lulf of St. Lawrence, or elsewhere in the 

 o|)en sea, she denied their riglit to lisli in British waters, or to land in British 

 territory for the purpose of drying or curing their fish. \ compromise was at 

 length arrived at, and it was agreed that United States* iisliermnn should be at 

 liberty to Hsii on such part of tiie coast of New foundlantl as Uritisli iishcrnien could 

 use, but not to dry or cure their lisii on that Island ; and tiiey were also to be 

 alloweil to fish on the coasts, bays, and creeks of other Britisii po.ssessions in Nortii 

 .^nieriea, and to dry and cure their lisli in any of tlie unsettled bays, harbours, and 

 creeks of Nova Scotia, liie Magdalen Islands, and Labrador, so long as they should 

 remain unsettled ; but so soon as any of them became settled, the United Slates' 

 lisiierinen were iioi to be allowed to use them without tlie previous permission of 

 the inhabitants and proprietors of the ground. 



The llird Article of the Treaty of Paris of the 3nl Sc[)tcmbcr, 1783, is as 

 follows : — 



" l( is :iL.'ivc(l lliiil till' jii'iiplc (if \\tv I'liiicil .States .slinll cnntinui' in ciijny iiiimnlrsli-il the nj,'lil In 

 tiikr lisli iil'i'vuiy kind mi tlic ( iiiiml i'i;uik mul nii iiU the oLlit'i' biiiik^ nf Nrwrniiinll.iiiil ; iilsd in llii' ( iiill' 

 nl' Si, l.rnvii-iicL'. uiid ill all nlliir jiliici s in the .■.ci, wln'i'i' llic inliiiliilaiils of liotli ediiiitiics used al any 

 tiliii' iiiTcliifiiii' til lisli ; anil also llial the inlailnlaliUs of tin: I'liiti'il Slates shall have tilierty In take 

 lisli ipf every kind mi siieli ]iait of the I'na^l of Xewl'miiidland as lliili-h li>h( riiieii shall use (Inil iint to 

 dry 111 eiii'i' tin' same mi tliiiL Ishiiid^, and alsii on the coasts, li:i\-- and eiei^ks of nil ntlit'i- of His 

 Jiiil.uinie .Majesty's llniniiiimis in .\iueiiia; and that the .Vnieriean lishurnuMi shall have liherty tn dry 

 and line lisli in any of the unsettled liay,>, harlioiirs and eieeks of .\ii\a Srotia, Maijdideii Islands, and 

 Laliiador, so Imii; as iln' same .-liall remain iinseUled ; Imt so soon as the same, or either of them, shall 

 he settled, it shall not he lawful for ihc ,said lishenneu tn dry or eiire lisli at such Settlement without u 

 previous agreement for that puriiose with the inlialjitants, ]Ud])rietors, or iios.st'Ssors of the j;round." 



It siiould, however, be observed that the rights conceded to the United States' 

 fisiiermen under this Treaty were by no means so great as tiiose which, as British 

 subjects, they luul enjoyed previous to the War of Independence, for they were not 

 to ije allowed to land to dry and cure their tisii on any part of Newfoundland, and 

 only in liiose parts of Nova Scotia, the Magdalen Islands, and Laljrador, wiiere no 

 British Settlement had i)een or might be formed, expressly excluding Cape Breton, 

 Prince Edward Island, and other jilaces. 



So matters stocxi until tiie war of 1812 broke out, \Oi('n, of necessity, the right 

 of American citizens to lisli in British waters, and to dry and cure their fish on 

 British territory, terminated. In the course of the negotiations which |)receded the 

 Peace of IsN, this (piestion was revived, anil the alleged right of American citizens 

 to lish and cure lisii within British jurisdiction was fully gone into by the British 

 and American Commissioners, who Mere assembled al Ghent for the purpose of 

 drawing up tlie Articles ot Peace. At that time, however, the circumstances had 

 very ciJiisideralily changed since tiu; Ti'caty of 1783 had been concluded. The 

 Biiti.sli North American possessions had become more thickly |)opulated, and there 

 wen; lewer unsettled bays, liarl)(iiirs, and creeks in Nova Scotia than formerly. 

 There was conse(iucntly gnater risk of collision Ijctween British and American 

 interests; ami the colonists and Knglish merchants engaged in the fisheries 

 petitioned strongly against a renewal of the privileges granted by the Treaty of 

 1783 to the American fishermen. 



It was under these circumstances that the negotiations lor peace were entered 

 iiil(j. At the first meeting, which took place on the sth August, 181-1, the 

 iiiitish Commissioners stated *• that the British tiovcrnment did not intend to 

 grant to the United States gratuitously the |)rivileges formerly granted to them by 

 Treaty, of fi.shing within the limits of British territory, or of using the shores of 

 the' British territories for pur|)oses connected with the fisherie^s." I'hey contended 

 that the claim advanced by the United States of immemorial and prescriptive right 



