wfmmt^Fffi^^^^^^^ 



178 



inlinbitnnts nftlio .inid Tnitod SUitos shnll Imvcl'nv rvor, in common witli llin Milijort.s ofHifi Itrilllnnic^ 

 Mnjcsty, tlic lilicvty to liikc fi'^li of I'vcrv kiml on ilnil jMivt of lln' soiillu'iii criuMt, of Xi'wroiiiiilliind 

 wliicli t'Xtcnd'' from ( 'ii]i(' Way to tlu' li'iuncim Islmids on llic wi'stcin mid noitlicin roust dC Xcw- 

 founilliitiil, I'mui tlic sidd Cnyi' Itiiy to llio (,>inr)Hiii lilimd-*, on llio hIioits oI'iIh' Mniididcn iHlnndrJ, and 

 also on tliccoiist.i, liiiys. lmrl)oiiis, imd ( Ti'ckH Iroiii .Monni .loly, on tlin soutlicni consl of Lidn'iidor, 

 tu and tlnduyli llic Straits fif liidlcislc, and tlu'iici' iioviiiwaniiy indctinitciy nion^' tia' coast, witiaint 

 ])r(>jndiii', liowivc.i, to any of ilu' iNihisiNc li^ins ol lla' llud.sons l!ay CoiU]iany. And tiail, tlui 

 Atnciiian lisliiTiui'ii slndl also liiivu lilicrty foirvi'r to dry untl tnvc lisli in any of tin' nnsottlcd luiys, 



liailionrs. and in-clcs of the s(aitlii'in part of tlu asi of Ncwfiaindland bcicaliovc dosirilnMl, and of tliu 



roast of l.alirador : 1 ait so soon as tlic same or any |ioition tlicnof shall lie sottlcil, it shall not lie 

 lawful fill' the said (ishcnncii to dry or cure lish at such iiorliiai so settled, willuait (iicviiais iii,'recnu'nt 

 lor sncli )iniiiosi' with the iidialiitants. ]iro]irietois. or |iosscssois of the Lrvoiind. And the I'liited States 

 hereliy icnoiince forever any lil icily licretofore enjoyed orchiinied liy the inhaliitaiits thereof to tnko, dry, 

 or ciiie lish (ill I ir within three marine niiles of any of the coasts, liay.H,creclvs, or harlioiMs of His liritaniiic 

 Majesty's dominions in America, not included in the alMive-nientioiUMl limits; jirovided, however, 

 that the American lisliermen shall lie admitted to enter such liays or liarlioiirs for the ]iur])nse of shelter 

 and of re])airini,' dnniajies therein, of iiuivhasini; wood, and of olitainiii!,' water, and for no other [luriioses 

 whatever, lint they shall lie nialcr such restrictions as may he necessary to prevent their taking, 

 dryin;.', or rnriiiL; fi»Ii therein, or in any other mnniier whatever alnisine; the jirivilc'^es herehy 

 reserved to them." 



Now, in reference to the Washington Treaty, you will find this language used 

 in the coninnMicemcnt of the XVHIth Article: — 



" It is arjreed hy the lliuli Contrnctin^ I'artics that, in addition to t\w lilmrty secured to the 

 Tnitcd States' lisliermen liy tluK'onvention li(.'twei;n (Ireat Brituin and the I'nitcd States, signed at 

 London on the L'Otli iliiy of Octolier, ISlS, of takiic.', ciiiin;,', and ilryini,' tish on certain coasts (jf the 

 Hritish Xortii AniOTican Coloiii(\s therein defined, the inhaliitrtiits of the Unitwl States sliall have, in 

 common with the sulijccts of Her nritannic Majesty, the lilierty for the term of years mentioned in 

 ArfiiJi XXXIII of this Treaty to take tish of every kiiid,e.\ce]il sliell-tisli, on the sea-coasts and .shores 

 and in tiio hays, harbours, and creeks of the Provinces of (.hiebec. Nova Scotia, and Ni^w IJrunswick, 

 and the Colony of I'rince Kdward Island, and of the .several islands thi^reunto adjacent, without beinj; 

 rcstricl('d to any distance from the .shore, with ]ierniission to land ii]ion the said coasts and .shores and 

 islands, and also uiion the Mai,'dalen Islands, for tlie purpose of dryiii;,' their nets and curiiij,' their lish • 

 provided that in so doinf; they do not interfere witli the rijrhts of jirivate ]irope.rty, or with Urilish 

 tibliermen in the ]ieaceiilile u.se of any jMirt of the said coasts in their occupancy for the same purpo.so. 

 It is understood that the aliove-mentioned liberty aii]ilies solely to the sea fishory. and that the salmon 

 and shad llsheries, and all other lishcrit's in rivers and the months of rivers are hereby reserved 

 exclusively for IJritish tishemicn." 



1 call attention to the fact that in this very Treaty of Washington, the framers 

 have made as the basis of it, not only the Convention of 1818, but the 1st section 

 of it, and in that section are contained the strong and positive declaration that the 

 Americans shall have the right (and only that right), of coming into British waters 

 for the purposes of obtaining shelter, repairing (lamages, and of securing wood and 

 water, and for no other inirpose n-hatervr. \ will now read Article XVIII of the 

 Washington Treaty, and the argument I wish to found upon it is this : That the 

 High Contracting Parties, or rather the High Commissioners, had before thcin, 

 when they framed that Treaty, the Convention of 1818, the 1st Article of whicli 

 contains these words : — 



" That the American tishciTnen .shall be admitted to enter stich haj's or harbours for the piir|iose 

 of .shelter, and of repairing' damages therein, of purcliasili;» wood, and of obtainini; water, and J'nr lu, 

 other purpose. ichiUrnr." 



One would suppose that under ordinary circumstances it would have been 

 sufficient to have stopped with the statement, (hat they should be admitted " for 

 the purpose of shelter. &ic., and of obtaining water," but the framers of the 

 Convention of 1818 were particular to add, "and for no other purpose 

 whatever." 



They not only so restricted the Americans by affirmative words, but also bv 

 negative words. The High Contracting Parties having this before them, gave the 

 Americans the liberty of coming upon our shores to fish on equal terms with o'.ir 

 fishermen, and to take bait, &c. To my mind, the High Commissioners considered 

 that the framers of the Convention of 1818 deemed it necessary to insert the wo ds. 

 "and for no other purpose whatever," to make it absolutely certain that t'lo 

 Americans could only come in for shelter, repairs, wood, and water, and shotdd 

 enjoy no rights as incidental to that privilege; and that they purposely omitted 

 those words in the Treaty of Washington. It may, therefore, be well supposed, 

 that if the Americans were to be restricted to the very letter of the Treaty, the 

 game negative words would have been used, and undoubtedly had those words 





