141' 



MriUinnic Miijpoty'H (liiruininim in Aiiifiicn, it in hkivoiI IkjIwohii tiiii IliKli ConlracliiiK I'urlio.t lliut tlio 

 iiiliiiliiUiiits of lli(< Huiil UniU'il StaUn hIiuII liuvf, foruvcr, in (oiiiuiiiii willi llio Hulijccls nf His llritaiiniu 

 MiycHty, tim liU'ily in tiikn (inli of <!vciy kiml on that part of tlirsoiiiliurn coast of Ni-'wfiiniiilliind, wliicli 

 t'xUindM from (Juihi liay to the IfaniiMiii iHlaiidi.on tlm wi'Mtiirn unil northern coaHl of NL-wfonndland, 

 fnim till- Hiiid Cmiki Ifay to the <,»uiriion lslandn, on tln^ shores <if tiie Ma^jdiih-n Ishnid.H, ami alw) on 

 the I'lJUHts, liuvi, ImrlMinrs, and ( leeks, Iwini Monnt .loly, on tlie Hontliern coast of Ldirador, to and 

 Unoiijjji tlie Straits of llrlle Isle, and tlience northwardly indelinitidy aliinj? the coast, wilhont jire- 

 jndice, iiowttver, to any ol the cm Insive ri^dits of the lliids'nns liay ( 'oinpany ; and that the Aluerieali 

 tishernien sliall also luive lilierty, l'ore\er, to dry aial t nre lisli in any of the nnsellled lia\s, liarliours, 

 and creeks of the ,M)utliern jparl of the coast of Newfoundland, herealiove ch'scrilied, anii ol' tlie count of 

 Lilinidor; Imt ho soon as the same or any iiurtion thereof shall W' settled, it shall iiol lie lawful fir lliit 

 said lisiiennen to dry or cure tisli at siich portion so settled, willirml |iii!viouH a','reeinent for su(di 

 |Mn|posc with the iidialiilaiits, |iro|prietors, or )iosHi!ssorH of the j,'roinid. And the I'nited States hendiy 

 li'iieiince foreviM-, any lilierty herelol'uie enjoyed ol claimed liy the iidiaiiitants ihercol', to take, dry, or 

 1 lire li.sli on or within three marine miles oiany oflhe coa ,ts, liays, iic k i, or harbours of Mis llrilaniiio 

 Xla,iesty's dominions in America not iiichiiled within the aliove-mentioneil limits. I'rovidi'd, howuvur, 

 lliat iIk^ American tishernien shall he ailmilled In enter such liays or harhours lor tl»' puriHise of ^.heller, 

 luid of repiiirin;^ damaj^es therein, of |iunliasiii;,' woihI, and of oliiainini; water, and for no other 

 pniqiose whatever. Jlnt they sliall liu under such rcsiriction.s as shall he necessary to prevent their 

 Inking, drying', or curing llsli thuiviii, or in iiny other manner wliatuver nbiiain^ thu privileoes heruhy 

 reserved to iheni." 



Tho controversy turns upon the trim cfl'cct of the rontincintion on tlie part of 

 the United StiitCH, "of niiy lihi-rty Iieretofore enjoyed or claimed l)y the inhabitantti 

 thereof to take, dry, or cuicfisii on or within three marine miles of any of the coasts, 

 l)ay8, creeks, or harbours of His I^ritannic Majesty's dominions in America," not 

 included within certain aixive-mentioned limits. 



On the part of CJreut Britain it is maintained that tlie Uniteii States' nshermcii 

 were prohibited from iishinajwiliiin three marine miles of the rntnnirc of any of such 

 bays, creeks, or harbours of His hritannic Majesty's dominions in America; while 

 the United States' tiovernmeiit contend that thi! United States' fishermen were 

 permitted by that Article to iish in the said bays, creeks, or harbours, provided 

 they did not approach within three miles of the shore in the pursuit of their calling. 



The correspondence between the (.lovernment of (Jreat Britain and that of the 

 United States, a portion of which is set out in the United States' Brief, shows that, 

 with the excej)tion of tlie Bay of Kiindy, which, for except ioiial reason.-!, and by the 

 indulgence of (ireat Britain, was dilferently treated. Her Alajesty's Cjovernment has 

 iiniformily contended for the construction now relied on. 



This correspondence, as well as the utterances of American statesmen, support 

 the construction contended for by (Jreat Britain. 



Mr. Stevenson, United States' Minister in London, in 1841, March L'7, writing 

 to Lord Palmerston, then Foreign Secretary, puts the two views very clearly. "'The 

 Provincial authorities." he says, " assume a right to exclude the vessels of the 

 United States from all their bays (even including those of Fundy and Chaleurs), 

 and likewise to prohibit their approacli within three miles of a line drawn from 

 headland to headland, instead of Iroin the indents of the shores of the Provinces. 

 The fishermen of the United States believe that they can with propriety take Iish 

 anywhere on the coasts of the British Provinces if not nearer than three miles to 

 laiid." 



But Mr. Kverett, also United States' Minister in London, in 1844, May 25, puts 

 a (lifTerent construction upon the Treaty of 1818. In his letter to Lord ,\bcrdeeii 

 of May 25, 1844, cjuoted in the United States' Brief (pages 15, 1(5, 17, and 18») ho 

 says ; — 



" It was notoriously the oliject of tlit^ .\vlicle of the Treaty in i|mstiiiii, in jnil an end to ihi- 

 diflicnllies which had ;,'rciwn oiil of tin? oper.Uions of tlit^ tishernien from the I'nited .States aloii;,' the 

 loiusts, and n|ion the shori's of thi' settled portions of the couiilry, and for tlrit purpose to remove their 

 ves.sels to a distance not esceeiliniT thive miles from the same. In (^stimaliiiL; this distance the under- 

 si^Oli-d admits it to ho /lit: iiilmt of tlir Tira/i/, us it /.< in ilsrlf ir".st)iuilili\ tit hiiit nijiii-d t„ I/k- «/,/o /■,(/ 

 /iiir It/' llir fiiii.sli mill In ntii.tiilir its lifii/K, rri'iLt, iiml Inirhnwa — llinl is, llii' iiidi iilntitniK ii.siinlli/ .•((» 

 uiitiiiiitiil — ti.i iuchiikil ii-i/liiii Hint liiif. lint tint mulersi'^ned cannot admit it to lie n'asoiialile, instead 

 of thus followinj,' the ;jciieral directions of the coast, to draw a line from the soutli-wesii'nimost jinin! 

 of Nova Scotia, to the termination of tlii! noith-eastern lioundary lictwecn the I'liiled States and .New 

 Krniiswick ; an I to consider the arms of the sea which will thus In,' cut oil', and which ciinnot, on that 

 line, lie less than si.xly miles wide, as one of the hays on the coast from which .\nierican vessels are 

 excluded, lly this interi>rotatioii tlnf tisliermen of the United States would lie shut nut from the 

 waters distant, not three, hut thirty miles, froui any iiiiil of the Colonial coast. The nndersi;,'niMl 

 cuniKit is'ri;ei\e that an> assi','iialiltMiliject of the restriction imp<ised hy the Convention of ISI^, uii 

 the liHliiu}; privilo'^'o accorded to the cilizi'iis of the United States hy tne Treaty of 1783, ruiiuires such 



[280] 



• Riges lOG and 107 of this volume. 



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