I 



207 



The history of tliis case begins, as has been stated by counsel, as far back as 1783, 

 but by common consent the Convention of 1818 is the Treaty by which the fishery 

 ris;hts ol' tUv two coiiiilries luive Hul)siatc(l. Under the Convention of IMIH certain 

 thin>;s were forbidden to the United States' fishermen, and the United States 

 renonnced the riij^lit to do anythinp^ except what they were permitted to do by the 

 words of that 'I'realy. They renounced for ever any liberty of taking^, drying, or 

 curing fish, &.C., " provided that the American fishermen siiall be permitted to enter 

 tlic said i)ays or harhours, for the purpose of slielter, and of repairing damages 

 therein, of purchasing wood and ohtaining water, and for no other purpose what- 

 ever." IJy the Imperial Act .I!) Cleo. Ill, cap. 38, and by several Colonial 

 Statutes, restrictions and dclinitions were imposed, or were established with regard 

 to olfences arising Irnm infringements of those privileges conferred upon American 

 citizens, though it has not been slu)wn that the seizures wiiich took place prior to 

 1SJ4, were for trading or for ol)taining supplies, or for any other benefit referred to 

 in the motion ; stdl it is uixloubted that, arising out of this legislation, great irritation 

 arose between the two countries, and this resulted in the adoption of what is known 

 as the Heci|)rocity Treaty in 18;VK That the Reciprocity Treaty was unilerstood 

 to have removeil all those restrictions is, untjucstionably shown to bo the case to my 

 mind, by the action taken l)y (Ireat llritain and llie Colonics, when the Treaty came 

 into force. 



Immediately afterward, all Statutes which had operated against the American 

 fisliermen were suspeniied, ;ind the greatest possible freedom of intercourse existed 

 during the continuation of that Treaty. At tlie termination of the Reciprocity 

 Treaty, and in support of the view that it was supposed to have given those privi- 

 leges, we find the whole of these enactments revived, and we also find that suhse- 

 quentiy more stringent Statutes were passed by the Dominion of ('anada in this 

 relation. Now, it is ini|)ortant in the history of tiiis case to consider what effect 

 was produced by those Statutes; and we find in a most important public document, 

 that is, the annual message of President Grant to Congress in 1870, tiiat this legis- 

 latiiui on the part of the Colonies was made the siilijcct of the gravest possible 

 complaint. The President states that; — 



" Tile cinirsi' iMiiNiicil l)y llii- CaiiMdiiiii iiutlioritic^ Inwards llic tislioniicii nl' llii' Uiiitod States 

 (liiril)!,' tlic liisl scii-iiiii Inn mil lii'cii iiiuikfil liy ;i IVifiiillv rccliiiL'. Vtv llii' Isl, Article nl' the (Joii- 

 vciiliiiii 111' MIS, liriwci'ii I Iri'ul liritiiiii mill till' I'liiti'il Stutcs, it was nuifuii that lln- inhiiliitiints ol' 

 the I'liittiil Sillies sliMiild liiivt'. I'm- ever, in cniiiiiinii with liiitisli sulijcrts, llie riuiit 111' takiiii; lisli in 

 (•crluiii wiilers tliciriii di'liiicd. In tlie Maters nut iueliideil in tlie limits named in ihi' (Jonveiitinn, 

 w'lliin tlnvi' miles 111' ]iarts ol' tlie I'ritisli enast, it li.is lieeii tlie eiistom fur twenty years in ;,'i\e to 

 iiitnidiiii; lidiernien nl' liie I'liited States a reasunalile warnini; nl" their violitimi if the teehnieiil ri_dits 

 iif (ii'iMl llritain. The lm]ieiial ( inverniiienl is iiiiderstorid In ha\e dele;;ated the whole, or a share 

 of its jiuisdieliiin or ennlrn! of lliese inshore li-^liery ■.,'rniiMils, to the Cnlonial Authority known as the 

 nominioii of Canada, and lliis siMiii-inde)ii'ndent. Imt ines|iiiiisililo au'enl li,is exen ised its deletr.iteil 

 ]iowers in an unl'rieiidlv wav- -vessels hase heen seized witlmiit notice or warnini.', in \ iolalioii of llie 

 eiislniii iirevimisly |irevailiii','. and have lieeii taken into the I 'olnnial )inrt-:, their vnyaijes lirnken uji, 

 and the vessels e aidemned. There is reason In lielieve ihaL ihis iinl'rieiidly and vexatious treatment 

 was ilesij,'neil to luar harshly iijion the hardy tishernien of the t'nited Statics, with a view to jioliticid 

 ell'eit n|inn the ( invemiaent." * 



That is not al! : the President went further, and made a second complaint in 

 this language : — 



■■ Tlie SI al 111 ■•- nf !h.' I Inmininii of ( '.luad.i a-i^ume :; slill hr lader and nmre uiilelialile jnrisdietion 

 over the Vessels nfllie t'liiled Stales; they ailthnrize nllivers o:' persons tn hriiiL,' Vissids hnveriuf,' 

 v,'ilhin three marine miles nf uuv of the i oasts, hays, creeks, nr harhours of Canada into |iort, to sciiroll 

 tlie I arijo. to examine I lie master nn nath Innihinu the cario und voyai,'e, and ti' inllicl npnn him a 

 heavy |h "uniiiry |ii'ually if irue answers are not _'iven, and if suidi a vessel is fniind ]iie|>ariuj; to tisii 

 within llirci- marine miles of aiiv of siii-h coasts, hays, creeks, or harhours, without a licence, or after the 

 ex|iiraliiin of 111,' |ieriiid named in the lasl licence i^riuited In it, they |UMviilc that the vessel with her 

 tackle, i^l:c.. shall In- liirfeitcd. It is not known thai any c<indeninatiiins have been made under this 

 Slalule. Should Ihe ai;ihni'iti.'s nf Canada atlem|il to enforce it, it will heenme my duty to take such 

 steps as may he ncces-:arv tn prntect tli<' rif;lits of the citizens of the I'nite t States," 



The President further goes on to say : — 



" ll ImsIhi'ii ilainc'd hy Her ^[aic-;v'.s nll'icials, ihal ihc lisliiuL; xcsscls of the I'liiltd Slati-s have 

 no riLilit to enter llie open ports of the Mriti h possessions in North America, except for ihe purpose of 



sheher and repaiiiii;.; ilania\'es. of |purchasinu' w laud olilaiuin'4 water, tliiit ih /y have no ri'_;ht to 



enler al the lirilisli Ciislnm-linuses, nr tn trade theie excejit I'nr the imrchase of wood or water, and 

 that they must depart within tweutv-fimr hours al'ler nn'. ice to leave. It is not known that uny seizuro 

 of a lishin;,' vessel carrying the tlaj; of the Suited Stales has iHiuu imulu under this claim." 



[280] 2 F 2 



