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the riehts of Her Majesty's Government with respect to the appointment of the 

 Commission, should in no way be prejudiced. These negotiations liaving led to no 

 result, it became necessary to revert to the terms of the Treaty and to take steps 

 for the constitution of the Commission in the manner prescribed by it. 



Having thus stated the circumstances which led to the conclusion of the 

 Fishery Articles of the Treaty of Washington, having recited those Articles, and 

 enumerated the legislative enactments which have been passed for the purpose of 

 rendering them effective ; it is submitted that in order to estimate the advantages 

 thereby derived respectively by subjects of the United States and of Great Britain, 

 the following basis is the only one which it is possible to adopt under the terms of 

 the first portion of Article XVIII of the Treaty of Washington, of 1871, viz:— That 

 the value of the privileges granted to each country respectively by Articles XVIII, 

 XIX, and XXI of that Treaty, which were not enjoyed under the 1st Article of the 

 Convention of the '20th October, 1818, is that which this Commission is constituted 

 to determine. 



Article I of the Convention of the 20th October, 1818, provides that — 



" The inhabitants of the United Stiites shall have, forever, in common with the 8ubject«> of His 

 Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfound- 

 land ■which extends from Cape Itay to the Kameau Ishtiuls, on the western and northern coast of New- 

 foundland from the said Cape liay to the Quirpon Islands, on the shoi-es of the Magdalen Islands, and 

 also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coast of Labrador, to 

 and through the Straits of Helle Isle, "Md thence northwardly indefinitely along the coast ; without preju- 

 dice, however, to any of thu excliis .v rights of the Hudson's liay Company ; and that the American 

 fishermen shall also Imve liWrly forever to d.y and cure fish in any of the unsettled bays, harliours, 

 and creeks of the southern part of the const of Nowfoundland hereabove descrilH>d, nnd the coast of 

 Labrador ; but so soon iis tlie same or any portion tlicreof shall be settled, it shidl not lie lawful for the 

 said fishermen to dry or cui-e fish at sucli jiortions so settled, without previous iign'etnent for such 

 purpose with tiie inhabitants, ])roprietors, or possessor of the ground. And the rnilcil .States hereby 

 renounce forever any lilxirty heretofore enjoyed or clniiiied by the inhabitiints theifol' to take, dry, or 

 cure fish on or within three murine miles of any of the coasts, bays, creeks, or hnrlxiurs of His 

 Britannic Majesty's dominions in America not included within the abovc-mentinned limits: provided, 

 however, that the American lisliermen shall be admitted to enter such bays or harbours for the purpose 

 of shelter and of rei)iiiring damages therein, of purchnsing wood, and of obtaining water, and for no 

 other purpose whatever. Hut they shall be under siuh restrictions as may be necessary to prevent 

 their taking, drying, or curing fish therein, or in any oilier manner whatever alaising the ]irivilege» 

 hereby reserved to them." 



Such was the respective position of each country under the Convention of 1818 

 on matters connected with the Fisheries; and il now remains to state precisely 

 what additional liberties are acquired by each under the Trcpty of Washington. 



Articles XVIII and XXI of the Treaty «>f Washington superadd to the 

 privileges conferred upon United States' citi/ti .; by the Convention of 1818:— 



(1.) " The lil)erty to take fish of every kind, except shell-fisli, on the sea-coa.sts and shores, inid in 

 the bays, harlKiurs, and creeks of the provinces of <^uel»'c, Xova Scotia, and New Bntnswick, and the 

 Colony of I'rince Kdwnrd Island and of the sevend islamic thereunto adjacent, without being restricted 

 to any distance from the shore, with permissiiin to land upon the .said coasts and shoivs and islands and 

 also u])on the Magdalen Islands, for the puriMi.se of liiying their nets or curing th(;ir fish ; provided that 

 in so <loing they d-) not interfere with the rights of ])rivate property or with British fishermen in tlte 

 ]>eBcealile use of any piirt of the .said coasts in their occupancy for the same purpose. 



" It is understo(Kl tliat the aljove-mentioned lilterty a]ipiies solely to the .sea fishery, and that tlie 

 salmon and shiid fisheries, and all other fisheries in rivers iind the mouths of rivers are hereby reserved 

 exclu.sively for liritish fishermen. 



(2.) " The adnii.ssion into Canada of fish oil and fish of all kinds (except fish of the inland lakes 

 and of the rivers falling into them, and except fish i)reseivitl in oil) lieing the produce of the fisheries 

 »f the United States, free of duty. 



(3.) " The enjoyment of these privilege.') to crmtinue during a pericnl of twelve years cei'tain. 



" Similar privileges iirc ^/ranted by Article XXXll in regard to the C.'olony of Newfoundland." 



Articles XIX and XXI confer the following privileges upon British subjects: — 



'I.l "Tlie liberty to take lish of every kind, excel. I siiell-fish, on the eastern sea-coasts and shores 

 ol the United Stat<'s north of the :^Uth ]iiir:<llel of north latitude and on the shores of the several 

 iitlands thereunto ailjiicint, ^nii in thi! bays. Iiarliours, nnd creeks of the said sea coast and shorea 

 of tlie I'liited States iiml ol tl;e said islands vitlnmt being restricted to any distance from the shore, 

 witii permission to land upon the said coasts of the United States and of the islands aforesaid for 

 the purjio.se of drying their nets and curing their fish ; piovided that in so doing they do not inter- 

 fere with the rights of ).iiM;ie projierty or with the fi.shermen of the United States in the peaceable 

 use of any pint fif the must Iti their occu(miicy for the sniiie piirjiose. 



" It is understood tliiit llic above-mentioned lilx'tty iipplies solely to the sea fishery, and that 



