103 



C.'iiiilnirtiiiMt I'miiivs .slmll liavc ,1,'ivon notiou to tliii ulliov of in wisli to tiinniiiiUo tlio Siuno, each of tlio 

 I{i;^li C'liulnictiiij,' rurtios \»Ai\[i iit lilicrty l') '.(ivo siii.'li iiotiLi- to tlio (jthor at tlii' ciiil of tiio '^a\'\ ])C'riii(l 

 of It'll yi'iii's, or lit liny tiiiiu uficnvanl. 



By tlio Treaty of Paris (Fel)niary JO, 17G3,) France yielded up to (Ircat iirilain 

 all the possessions formerly held by her in North America, with tlie e.\CL|)tioii of 

 some small islands; and Great Britain thus acquired tiic fisheries alon^ tlie shores 

 of the North American Provinces. 



From that time until the Revolution, tlie citizens of the United States, being 

 under the Government of Great Britain, enjoyed tho fisheries equally with the other 

 inhabitants of the British Empire. 



By the Treaty of 178£ ••^. which the independence of the United States was 

 recognized by Great Britain, the American fishermen were permitted to fish in the 

 waters of the North American Provinces, and to use certain parts of their coast for 

 drying and curing fish. 



Article III of the Treaty is as follows, viz, : — 



" It is uuri'Oil lliat llii.' ]H!o]iIi' of tliii I'liitiMl Stairs sliall coiitiiiuu to laijoy uiiiiiirli'stf.il the i|L,'lit (o 

 liiko lisli of every liiiid on llie (iraiul Jlaiik aiitl on all other lianks of XewfoiiiKllMiul, also in llu! (iiilf 

 of St. I;i\vrenre, and al all otiier jilaeesi in the sea when' llu^ inliahitants lA' hoth t'oaiitiies used al'miy 

 time, lieretofoi'L' to li.sh ; and also that inhaliilants of the t'nited Slates shall have liherly to take lisli nf 

 (!verv kind on sueli jiaii of the eoasts of Xewfoiiiidland as liritish tishormoii shall use, hut not to dry 

 oi'iiire tiio same on that island, and also on tlii! eoasts, hays, and crooks of all his Piritaniiie ^Iiijesty's 

 dominions in AmericM.and that tho American lisheriiieii sliall have liherty to dry and eiire lisli in any 

 of tho unsettled hays, liai'himrs. and crooks of Xova .Seotia, Mii'j;dalon Lslaud.s, and l,ahrador, as Imij,' as 

 tho same shall remain unseuled. Ihit as soon as tho same or either of them shall he settled, it shall 

 not h(^ lawful for saiil lishermeii to dry or euro lisli at such .sottlomont witluait a I'lovious a;.^'rcoiiK'nt 

 for that imrposo with the inhahilants, jiropriotors, or jiossossors of tho ground." 



Tlie fisheries wi ro among the questions discussed by the Commissioners who 

 framed the Treaty of Peace at tiic close of the war of 1^12. The United States' 

 Cominissionors claimed that the Treaty of 1783 conferred no new rights upon the 

 United Sttites ; tiiat it was merely an agreoinciit as to a division of |)roperty, which 

 tooU place on the division of the Hritish Knipire after the success of the American 

 Revolution, and was in no respect abrogatod hv tlie war. The Hritish Commis- 

 sioners, on the other hand, held that, while the Treaty of 1783 recognized tho right 

 of the United States to the deep-sea fisheries, it conferred privileges as to the inshore 

 fisheries, and the use of the shores which were lost by a declaration of war. The 

 C'ommissionors were unalile to come to an agreement, and the Treaty of (ilient, 

 December 24, I8l'l, did not allude to the question of the fisheries, which remained 

 unsettled. 



Until the year ISIS the American fishermen carried on the fisheries as before 

 tlie war of 1812. but were harassed and trouiiled by the British cruizers ; and several 

 were caiitiired and carried iiito Ila!il";i\ for .■ilio'^ed ini'ringement of tlie fishing laws, 

 although tlie American (iovcriiiin'iit slill claiined, under the Treaty of 178;i, the 

 right to fish anywhere on the eoasts of the Hritish .Provinces. In a lonsr coirc- 

 s|)oiidence wiiii Lord Bathiirst. .Mr. .loiiii (^niiiey Adams maintains the claims ot tin; 

 United Slates. " Anu'ricaii State Papers, Foreign Helations." vol, iii, Jiagc I'M rt 

 sr<i. In ISl,^. Mr. Albert (lalhiliii. the Minister to France, and Mr. RiclianI Uiisl;, 

 the Minister to (Jreat iirit.uii, wvvc einiiowcred by the President to treat .-iiid lu'oo- 

 ti.ite will) (ireat Britain conei'iiiing liu' lisheries, and otiier matters of dispute 

 between the two (iovernnieiits. Mr. I''re<leriek .John Robinson and Mr. Henry 

 (ionlbnrn were the British Conniissioners ; and, alter a long conference, the Cnii- 

 venlimi of Oelober 20, ISIS, was agreed upon, the .Vrticle of which concerning th(^ 

 fislieries ami llie sid)ject of the pii'sent discussion is as follows, viz.: — 



Aia'ltl.K I. 



' Whei'oas diirorimoi's havo aii- 



creeks of His 

 'iirlies thai the 



■a ies|ioctin;,' the liherty ilaimod hy the rnited Suites fur tho 

 iillialiilaiiti thereof to take, dry, and cure lish on certain co;ists, Imys, hirhiairs, and 

 Britannic Xiijesty's ilominiiais in .Vmeric.i, it is iT.'rooil lictwccn the lli^h Contrail 

 inhahilants of tho suitl I'liiti^d Sl.ilc 



yi 



rx 



from llio saul ia]ii' i;ay lo mo <jMiir|i'in isiamis, on iiio snores oi mo jia,L;aaien isiiii'iis. and iiwo mi ui 

 coasts, havs, harhoiiis, mid crooks IVom Mount 

 till' Straits of ISollo Isle, and thc'iico n 



ihahilaiits of tho suitl I'niti^d Sl.ilc- sliiill have for over, in common with iho siihjeets oi His Ihiiamiic 

 lajesiy, the lilierty to taki' li.sh of any kind on tint pail of the soiuheni coa-<l of .Vewloiimlfuid \ihich 

 xtoiids I'lom rajie l!ay lo the I'anieaii Isl.mds, on tho western ind iioiilu'rii co;i<ls ef Newfniiihll.iud 

 I'om the saiil ('a]ii' Itay to the (jhiirpon Islands, on the shores of the lla,L;dalen Islands, and aNo mi i|io 

 oasts, havs, harhoiiis, uiid crooks IVom Mount .loly, on the siuillierii coast of l.ahv.idiu", to nnl throiitrh 

 ilic^ Straits of ISollo Isle, and tlionci' iinvihunidly iiiilelinitoly iiloii>; tho coiust ; and that the ^Viuuricaii 

 liKlloriiu'ii shall also have tla' liher* v lor I'Ver lo drv and ciU'O lish in iiliy of the uii.^oltlod lia\s, luiioniiis, 



[■^aoj Q a " 



