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Aft 



very ilosinuiH tu prevent, oh fav ah \M.mh\i', tlic injury and Iohh which must be 

 iiillictcd u|>()i) citiKvntt of the United States by a sudden withdrawal of the 

 privileges enjoyed by them for twelve years ; but with every desire in this direction, 

 they found themselves Imund by Acts both of the Imperial and Colonial Legislatures 

 to enforce severe penalties upon all persuns, not being British subjects, wno might 

 bi* found fishing within British jurisdiction. 



Kvcntually, however, on the suggestion of Lord Monck, it was decided that Licen*inf (vitoa 

 American fishermen should be allowed, during the year 1806, to fish in all provincia "'^'''fjj ^^' 

 waters upon the payment of a nominal license fee, to be exacted as a formal ]\jq " '" " 

 recognition of right. This system, after being maintained for fllur years, wfts 

 discontinued, owing to the neglect of American fishermen to provide themselves 

 with licenses; and in 1870 it again became necessary to take strict measures for 

 the enforcement of British rights. Orders were given to Admiral Wcllcsley to 

 dispatch u suHicient force to Canadian waters to ensure the protection of Canadian 

 fishermen a d the maintenance of order, and to instruct the senior officer of such 

 force to co-operate cordially with any United States' force sent on the same service. 

 It was also found necessary to employ a local Marine Police Force for the same 

 purpose. 



The result of these measures was the capture and forfeiture of several American 

 vessels for infringing the provisions of the Convention of IS 18, both by fishing 

 within British waters, and by frequenting Canadian ports for objects not permitted 

 by the Convention; and notwithstanding the steps taken by the British (jovernment 

 to mitigate as fur as possible the strin^;ency of the orders given tor the exclusion of 

 American fishermen from British waters, it was found at the close of the season of 

 1S70 that many seizures of American vessels had been made by cruizers both of the 

 Imperial and Dominion Governments. 



The ditiicultics caused by these untoward events subsequently led to the 

 reopening of negotiations for the settlement of questions connected with the 

 fisheries. 



It is unnecessary here to relate the circumstances which led to the appointment j^^^^ jjj . q 

 of the Joint High Commission in 1871 ; suffice it to say that, towards the end of minion in 1871. 

 1S70, Sir John Rose, having been commissioned to proceed in an unofficial character 

 to Washington for the purpose of ascertaining the views of the United States on 

 the subject, was able, in the month of Fjbruary, 1871, to announce that the United 

 States' Government were prepared to refer all questions between the two countries 

 to a Joint High Commission. 



The Commissioners held their first meeting at Washington on the 27th 

 February, 1871, and the Treaty was signed on the 8th May of the same year. 



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Fishery Articles tf the Treaty of Washington. 



The Articles in this Treaty relating to the fisheries, and in virtue of which this 

 Commission is constituted, are Articles XVIII, XIX, XX, XXI, XXII, XXIII, 

 XXIV, XXV, XXXII, XXXIII. They are as follows:— 



"ARTICLE XVIII. 



" It is agreed by tlie High Coutractiny Parties that in addition to the lilxirty secured to the 

 United .Slates' fishermen by the Convention between Great Britain and the United States, signed at 

 London on tlie 20tli day of October, 1818, of taking, curing, and drying tish on certain coasts of the 

 British Nortli American Colonies tlierein defined^ the inliabitants of the United States shall have, in 

 c;ominnn svitli tlio 8ul>jects of Her Britannic Majesty, the liberty, for the term of years mentioned in 

 Article X.XXII I of tliis Treaty, to take tish of every kind, except siiell-fish, on the sea-coasts and shores, 

 and in the l)ay3, harbours, and creeks of the Provinces of Quebec, Nova Scotia and New Brunswick, and 

 the Colony of I'rince Kdward's Ii-land, and of the several islands thereunto adjacent, without Ixiiug 

 restricted to any distance from the shore, with permission to land upon the said coasts and shores and 

 islands, and also upon the Magdalen Islands, for the purpose of drying their nets and curing their fish ; 

 proviiled that, in so doing, they do not interfere with the rights of private property or with British 

 fishermen, in tlie peaceable use of any part of the said coasts in their occupancy for the same purpose. 



" It is understood that the above-mentioned liberty applies solely te the sea fishery, and that the 

 Riilmon and shad fisheries, and all other fisheries in rivers and the mouths of rivers are hereby reserves 

 exslusivdy for British fishermen. 



" ARTICLE XIX. 



" It is agreed by the High Contracting Parties that British subjects shall have, in common with thi. 

 citizens of tlie United States, the liberty, for the term of years mentioned in Article XXXIII of this 



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