249 



at liberty to take that ground licrc at all, airl for this reason : that by tlic action of the 

 two (ioverninents. und by tlio formal incorporation, so to speak, of tlie Treaty of 1818 in 

 the Treaty of 1871, that Treaty is niadi; the practical rule of decision in tliis case ; con- 

 sequently, we have nothing? to do wilii tiiat, except to say this: that the Treaty of 1818 

 depends for its validity and its existence upon the lieadland (piestion ; that tlie two stand or 

 fall toi^etiier ; because tlic Convention of 1818 was a relinrpiishment of certain riglits 

 upon certain conditions, and if those conditions are not understood in the same sense by 

 the parties to ihe contract, the contracls ends, or is to be submitted to arliitralion. If, 

 then, the Treaty of 1871 should end with notliiui;- else to supply its place, it would be 

 absoluteis necessary, either that the lieadhind question should be settled, or the 

 Convention of 1818'sli(iuld be eonsidered as annulled. 



I cainiot enter into Ihe history of tlie Treaties as fully as I could wisli * The subject 

 is not only one of iireat historical interest, but in certain "conting;encirs would be of direct 

 conse(|uenee. it eaiinot, however, be treated briefly or without travelling- too far fro'n 

 tlie immediale (jiiestion at issue. 1 will, theretbre', only summarize tliose conclusions 

 which are relevant to tlie present investii;ation. 



And 1 reler to them in this connection, because, underlving- the whole British Case, 

 just like till" eonseinicniiid arguinenf to whicli 1 iiave already n-l'erred, Jien^ runs the 

 assumption tiiat in all these transactions the policy ot tlie United States has been one of 

 encroachment and invasion, while the conduct of Cireat l^ritain has been that of iicnerons 

 concession. Never was there an assumption more entirely the reverse oi' historical 

 truth. 



The Treaty of 1 7'^-5 a'rertain^; and defines what were the original n-^ations of the 

 parties to this eoniroversy. 1 need not read its provisions, but 1 do not think I will be 

 contradicted when 1 say that they were simjily the recognition of absolute and eipial rights. 

 The separation of the Colnnics rendered necessary, not only tlieir recoj;niti(in, but the 

 dellnite and jirecise adjustment of their territori(>s and jiossessions ; and amouij the latter 

 was reeo;;;ni/,ed and deseribed. not as a <;rant or concession, but as an existing;' rii;ht, the 

 use of tlie lisheries. not only as they had been used. l)ut as they ever slunild be used by 

 British suiijeets. Reserving;' {ho ti-rritorial and junsdictional rights on tlie adjacent shores 

 to the owners of the land, the fisheries — the rii;ht to use the waters for the purpose of 

 fishinj^' — was made a joint possession. 



At that time the only parlies in interest were tlie citizens of tlie United i^tates, and the 

 British owikm's oI a few lisliin;; settlcMiients aloiii; the coasts. The parties who are now the 

 real coinplainanis were not then even in i-xistence. Speak of encroachments ! Kncroach- 

 ments u]ioii whom '.' Why, in those days, wlu re was Newfoundland, who comes here to-day 

 as an independent sovereignty, and invests her di^tins;llished rei)resentative with a measure' 

 of Ambassadorial aiitliority ? Not even .a colony— a llshini;- settlement, owned by a British 

 corjioratioii — governed wiihoiit law by any naval oflieerwlio liappeiicd to lie on the eoasl 

 with a marling sjiike in one hand and theArtieles of War in the other — no Knglishman 

 allowed to make a home on the island — and the mimlier of wimien jiermitted to reside 

 there limite'l, so as lo pn vent the yrowth of a native population. Where was Prince 

 Kdward Island, which speaks to-day through a Premier and an Assembly ? Why, in 

 the early years nf the revululion, an American skipper, not then having tlie fear of tlu^ 

 three-mile limii lietbre his eyes, enliavd that tamims bend, of which we have heard <o 

 mueii, fishing liir men instead of mackerel, and he caught the (iovernor and the 

 Kxecutive Council a catch wliicli, 1 am sure, my friend on the other side will admit to 

 be all •' Number one's'" -and carried lliem to General Washington, who, not knowing 

 what use to put them to, treated them as (Hir witnesses have told us the lislKM'mer. treat 

 young cod, threw ihem back into tlu> water, and told them to swim home again. \\'liv, 

 the very names with which we have become so familiar in the last months — Tignish and 

 Paspebiac, Maro-aree and Clietticamp, Sciminac and Seatterie, had not then risen from 

 the obscuritN' of a vulgur geography to shine in the annals of international disenssion. 

 There was then no venerable Nestor of Dominion politics, to whose experienced sagacity 

 the interests of aneni|)ire mighf be safely entrusted — there were no learned ami dignified 

 Queen's Counsel to be drawn up in imiiosing contrast to the humble advocates who 



* Tlic nrilivh C'lso, rclrrri:!!; In llii' Trc.itv (if l~SP„ siiys, ■•Tlii' rights concodod ti< tliu DiiiU'd Slati's' lislicr- 

 ni«n iMiili r iliis 'I'n'iity wciv liy no iiic;ins so siioat a< those wliieli, as liritisli siiIhocIs, .iicy liail cnjcivoi! lucvious 

 to tlic War (if In(i('|i('ii(li'nr(' ; for tlicy were not alUnvi'il tn land to dry and euro tlicir lisii in any part of N'cwfnnnd- 

 Innd, and only in tliosc nirts ot .Nova Scotia, tlic .\tii;dali'n Islands, and Lalirador, wlicrc no liritisli sett cnuMil 

 had liccn iir ndiriit lie fornicd, expre-slv exclndicir Cape lircton, I'rincc Ivlwaid Isianil, ami otlier plaocs." 

 'I'licre is no exprc-s oxclnsioii of (.'ape lireton and I'lince ICdward Island in the 'IVeaty. Kolh were a((|nired liv 

 th« Treatv of 17(l;l, and were fennally annc\ed to Nova Seotia. It was not until 1770that I'rinee Ivlwird Island 

 had ft separate ijoverinnent as an expeiiinciit. and a very poor experiment il turned out to be. To llie Ameriean 

 nei'otialors of l/S.'i. N(i\a Smiia iiu'lndcd liolli Ca 'P Hretoii and I'rinio I'Mward Island, 



