182 



ment for such purjiose, ■with tlie inhiiliitaiits, proprietors, or possessors ol" tho j,'V(uiiul. And the Fiiited 

 States lieretiv ri'iiouiu'e fur ever uiiy lilierly lieretolore enjoyed or ihiiiued liy tlie iidiidiitants tiiereof, 

 to take, dry. or cure tisli on or wiUiiii tliree iiiariiui miles ol' any of the loists, hays, (Tceks, or 

 iiarhoiiis (if His liritaniiic Majesty's ilomiiiioiis in Aineriea, not inelnded witliiii the al)o\e-iiientiiiiied 

 limits ; jirovided, however, that tiie Ami'riean tisliermen sliall he ]ii'riiiitteil to enter siieli bays or 

 harhoiirs for tlie Jiurjiose of slu'lter and of re]iairin_Lr daiiiaiies theieiii. of jmichasinj^ wood, and of 

 ohtaiuini; water, and lor no ntiu'i- |iiii]iose whalevei. lliit they siaiil In' iiiidir sin'li reslrietions as 

 may he ueeessary to prevent tiieir laiiiiii:, dryiiii;. or eiiriiiL; tisli therein, or in any oilier maimer 

 whatever ahiisinj; the privih'u'es hereby reserved to them." 



Now, I want to say, may it pK'aso your Kxcellency and your Honours, I think 

 it most extraordinary tliat the learned Af^ent of the United States, and a man of" 

 his high standini;- and great ability, should take this matter up and distinctly assert 

 that what took place in 1815 had the slightest hearing on the subsequent agree- 

 ment which was made with reference to the particular elas^ mentioned — the 

 fishermen — between these two nations. I must confess I cannot see the slightest 

 bearing it has on the Convention of 1818. I deny that the construction urged by 

 the Agent of the United States is correct ; and, if it were necessary to do so, 1 think 

 I would be able to convince this tribunal that the contcMition of Mr. Foster is 

 entirely erron'-oiis. Still, I i)ut it out of consideration altogether, as being in no 

 way conn,'cted with the matter at present at issue. What have you to do with it? 

 We stand iierc by the Treaty of 1818, which was a doliiiite Treaty allbcting the 

 fishermen of the United States, and the fisheries on the shores of these |)rovinces. 

 By the terms of that Treaty the fishing- vessels of the I'nited States, and their 

 fishermen, were prohibited from coming within three miles of our shores, and of all 

 our bays, for any purpose whatever, with three exceptions — that is to say, they 

 might resort to our liarbours for the purpose of shelter in case of storms, to make 

 repairs in case of necessity, and to procure wood and water : and if they went into 

 these places for any other purpose whatever, their vessels were liable to forfeiture. 

 Yet though this was the case, as my learned friend on the other side well knows, 

 thev incurred that liability time and again. Vessel after vessel of theirs was con- 

 demned, from the making of this Treaty up to the [)resent time; and has that 

 Treaty ever been abrogated? There is no pretence for saying that this is the "ase. 

 That Treaty stands in as much force to-day as it did in the year 1819, the year 

 after whici) it was passed, with one exception only — except in so far as it is 

 interfered with by the Treaty of Washington. Now let me turn your attention to 

 what the Treaty of Washinirton says on this point, because, si) far as any privileges 

 were renounced iiy ihc United States in the Treaty of 1k18, they have been conferred 

 on the United States by the Treaty of Washington. The XVlllth Article of the 

 Treaty of Washington declares: — 



"Art. .Will. It is ai,'reed hy tlie lli'.^'h ( 'nntraetinu' I'arties that, in a.U.ition to il»' hherty secured 

 to the rnited States' tislu-riiu'ii by tlie ('onveiitiou between (!reat liritain and the I'nited State.s, 

 signed af l.diidon on the L'nth day of ( )etolier. I.SIS, of lakini.', "nrintr, iiiid drying; lish on eertain eoast.>! 

 of the Ihitish N'oilh Aniericiin Colonies therein delined. the inliahitanis of the I'nited States^sjiall have, 

 in eoninion with the siibjeels of Her I'lrilannie Majesty, the liberty for the term of years mentioned in 

 Article .\.\'.\'1I1 of this Ti'eatv. to lake lish of every kind, exeejit shell-lish, on the sea-eoii.sl.s aiul shores 

 and in the bavs, harbours, and i reeks of the rrovinees of l.hiebec, Xova ."^eotia, and New Uriinswii'k, 

 and the Colony of I'rinee Kdwaid -^ Island, aiul of the several isl.inds Iherennlo adia,ent, without beinf,' 

 restricted to any distance from the shore, with |ierniis>ioii In land iijion the said coasts and slicires. mid 

 islands, and also iiiion tin- Ma^'dalen Islands, for the purj'ose of dryiiii; their nets and enrini; their fish; 

 provided that, in so doiii'_', they dn not interlere with the rif,'iits of |M'ivate ]iro)ierty. or with llrilish 

 fishermen, in the |)eirc(;nble use of any luirt of the saiil coasts in their oceii|iancy for the .sunw ]airpo,se. 

 It is understood that the alK.ve-nientioned liberty applies solely to the sea tishery. atid thai !'ic salmon 

 and shad lislicries. ami all other lislieries in rivers and the mouths of rivers are hereby reserved 

 exelusivoly for liritish tisliermen.'' 



The only privileges which the American fishermen had in British waters are 

 received under theConveniion of 1818 ; and as to all other privileges, they expressly 

 cxcUideil themselves by their renunciation for ever. Now, in this Treaty, Great 

 Britain says, it is expressly agreed by the High C^ontracting Parties, that in 

 addition to the privileges which the Americans enjoy under the Convention of 1818, 

 that is, in addition to the |)rivilcges wiiich they have of iishing on the southern 

 coast of Labrador, and on the shores of the Magdalen Islands, and around the 

 shores of the Magdalen Islands : — 



" The citizens of tne United .States shall have, in common with the subjects of Her liritniiin'o 

 Alajusty, the liberty for the term of years mentioned in Article X.XXIII of tliiH Treaty, to take (isli 

 of every kind, o.\cept ehell-lish, on the sen coasts and shores, and in the bays, Imrbours, uud creeks of 



