zrsz.zzjr^:^ 



67 



was quite iintpnal)lc, inasmucli as tlio inliabilfints of the United States liad, until 



Jiuitc recently. Iieen Hritisli sul)jeels. ami th.il tlu; rights which tlicv possessed 

 ormerly as siicli could not lie continued to tlicin after they had heeome citizens of 

 an independent State. 



After niucli discussion, it was finally agreed to omit all mention of this (juestion Sicnaimc of Treaty 

 from the Treaty, which was signed at CJIient on the 24th December, 1814, and which "' '■'''"•• '^'^• 

 contains no reference to the Fisheries Question. 



Orders were now sent out to the Governors of the British North American 

 Colonics not to interfere with citizens of the United States engaged in fishing on 

 the Newfoundland Hanks, in the Gulf of St. Lawrence, or on tiic high seas, but to 

 prevent them from using the British territory for purposes connected with the 

 fishery, and to exclude their fishing-vessels from the harbours, bays, rivers, and 

 creeks of all Her Majesty's possessions. Orrlcrs were also given to the British 

 naval ollicers on the Halifax station to resist any encroachment on the part of 

 American fishermen on the rights of Great Britain. The result was the capture 

 of several American lishing-vessels for trespassing within British waters; and the 

 President of the United States, in 1818, proposed to the Prince Regent that negotia- 

 tions should be opened for the purpose of settling in an amicable manner dis|)ute(l 

 points which had arisen connected witli tlie Fisheries. Commissioner-s were 

 accordingly appointed by both parties to meet in London, and the Convention of SiKii.itnrf of (on- 

 20th October, 1818, was eventually signed. venticm nf i«ih. 



Article 1 of tiiis Convention is in these words: — 



"Wlicrens (lill'riciiccR hiiv(> nrisen rospcotiiis tho liliorty clniined by tlin Uiiitoil Staltw fur lliu 

 iuliiiliitinils lliiTi'iir III tiiko, (liy, 1111(1 nw. lisli cm (crtiiiii cDUsts, ImvM, linrlpdurs mid ciccks ii( |[is 

 lU'itiiiiiiick Majesty's (lipiuiiiioiis in Aiiicricii, it, is in,'rci'il lulwceii tliolIiL,'h Cdiitnictiii',' Piiilics tluit tiic 

 iiilm'jitiuits (if tin; siiid Uiiili'd .Stiitca shall liavc, I'm' I'vur, in Cdiuliiiiii with tlio sulijccts nf His 

 Bl'itniiiiick Arnjcsty, llic lilicrty In tiiko tisli ol' ovcry kind on tliiit jiiiit of t lie SDUtlii'iii imtst nf Xcw- 

 fmiiuUiiiid wliii'li fxtciids I'ldin ('iipo liiiy to tlii^ jlnniciui Islmiils, on tlio wt'.slcrn and uortlicrn const of 

 Ncwfoiiiulliiiul, I'loni till' said Cape I'uy to llic tj)iiiiiiipii Islamls, on tlii' slioros of tlie .Maffdalfii Islnmis, 

 and also on llic loasts, liays, liarlioiii's and clocks from Afiaint .Toly, on tlio scaitliciii coast of Lalirador, 

 to and tlironLfli the .''^Iraits of I'.clh^ Isle, and tliciice iiortliwardly indclinilely iiloni,' llie coast, wiliioat 

 piojiiili'X', however, to any of the exclusivo ridits of the Hudson l!ay L'oiiipiiny; and thai the Anierican 

 iish' iMieii shall also have lilierty, forever, to dry and ciire lish in any of the nnsettlpd bays, harlioms, 

 and (Mi'cks of the snntiieni part of the coast of Xinvfoiindland, bereabove described, and of the coast of 

 I.alpiadnr ; bill sn soon as the same or any jmitioM tiieiinf shall be .settled, it shall not be lawful for the 

 said lishernieii to dry or cim^ lisii at such ]inrtion so settled, without previous ai.'reemeiil fur such ]iiir- 

 ]ins(' with the inhaiiitaiits, pi-o]irielor.s, or ))o.s.s«ssor,s of the urDiind. And the I'liited .Slates hereby 

 niiiounce fon^vor any liberty lieretofore enjoyeil or clainieil by the inhabitants thereof, to take, dry, or 

 euro lish on nr within three marine miles of any uf the coast.'*, bays, creeks, or liiirl»airs, of llis 

 Uritanuiek Majesty's doiniiiions in .Vmerica not incliidod within tho abovo-inontioned liinils. I'rovided, 

 however, that the .Viiierican tisiieriuen shall bo lulmittecl to oiitor mich buys or harbours for the imrposo 

 of shelter, and nf repairing; daniaucs therein, of pun^hasiia; wood, and of obtaininfj; water, and fur no 

 other piirjuiso whatever, liiil tin v >liall be under such restrictions as shall be necessary to prevent 

 tlieir taking, dryiiiL'. nr cuiiii;,' li-li iliciein, or in any otla^r maiinor whatever abusinj; the iirivilej^os 

 hereby reserved to them. ' 



Sidiscfpient to the conclusion of this Convention, in consequence of numerous 

 complaints on the part of llir M.-yesty's Government of encroachments on their 

 waters- by American fisheriiicii, the United States' Ciovcrnmcnt issued a notice 

 warning their subjects tliat the\ were "to oliserve strictly the limits assigned for 

 taking, (Irving. an«i curing fish by the fishermen of the United States, under the 1st 

 Article of the Convention of the 2()th Oetober. 1818," a copy of which was annexed 

 to tiie Circular Notice. 



This was the state of affairs until the year 1^7, when, in consequence of a Ncpotintionii for 

 Petition addressed to tiie Queen by the Canadian Parliament, negotiations were Kcciprocity, 1S47 

 opened between the two Governments for the establishment of reciprocal free tra:ie 

 between Canada and the United States; and on the 1st of November, 184!), 

 Sir H. Bulwer, who was then about to proceed to Wasiiington as British .Minister, 

 was authorized to enter into a negotiation by which access to the fisheries of all 

 the colonies (except Newfoundland, which refused to consent on any terms) should 

 be given to the citizens of the United States, in return for reciproeitv of trade with 

 the United States, in .all natural productions, such as fish, wheat, timl)er, &c. 



The proposal was favourably received by the United States' (iovernment. lyit 



some delay occurred owing to the death of Gener.al T.aylor in ISoO. 'riio new 



President, however, doubted whether it was a proper subject for a Treaty, and 



thought that it should be done by legislation, and accordingly a Bill was brought 



[2801 I 2 



