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troubling tho hollnm of the sea, in no trespasser, though he approach within three miles 

 of a roust, Inj any established, recognized law of all nations. It may \M)ssil)l\ cross llio 

 minds of some dt'tliis 'rril)iiii;il, that |ierlia|is iliat is luit of very j;rt'al imiiortancf to us 

 luTc, hut iroin the rcllictioii I have Imm-ii al)l(! lo (;ive to tliis cast' (and I Imvc had time 

 cnoujjjh, surely) it sc(>ms to mc that it is. 1 wish it lo In; fully imdcrslood, what is the 

 nature of that cxchisivoriijlil for the withdrawiui; of which we arc asked to make a 

 money compcnsiitiim? What is its nature, ils history, and its ohjecl '(• 'i'iie Treaty 

 between (Ireat Hriiaiii and France of \KV.), whidi i)rovides for a r';;lit of cxcl'isivc 

 fishery l>y tlie Mritish on tlie Ikilish side of the channel, and hy the Kn iich on tiie 

 Krcncii side of the channel, each of three miles, and measures thel)ays by a t''n-inile line, 

 is entirely a matter of contract between the two nations. 'I'lio Treaty l)e;;ins hy .sayinj,', 

 not that each nation acknowle(l;;-es in tlie other tlie ri^:ht of <'xclusive tishery uithin three 

 miles of the roast ; nothing of the kiml. It l)e;;ins hy savin;;-, " It is nijrri'd hetweni the 

 two natinns iJiat tJreat Uritain sliall have exciu.sive fislicry wiihin tln-ee inilesoi' the Hritish 

 coast. 11 1 that the French shall have exclnsive tishery within three miles ot ihe French 

 coast,' and then it is furtlu-r a;;reed tliat the bays shall be measured by a ten-mile line. 

 All arbitrary alike, all resting? on asjreement alike, without oni' word which indicates that 

 the law of nations any more ^ivesan exclusive ri;;lit lo these li>heries tl,r three miles from 

 the coasts, than it does to measure the bays by ten miles. In the time of Queen 

 Elizabeth this matter seemed to be iiretly well understood in Hn;;laiid. Her Majesty 

 sent a t'onunission, an embassy to Denmark, on the sidjject of adjiistini; tiie relations 

 between the two countries, and amonj^ the instructions <;iven the And)as.sa(i()rs were 

 these : — 



"And Vdu sliall I'mtliLT (Uiluic tliiil tlic Liiwr of NiitiniiM iillnwctli of li.sliiiif,' in tiic sea cvciywlinre; 

 aa also III' usiiiji pdits aiul ciiiisis of ]iiiiifi's in aniitio fur tnilliniu' iiinl iivoidiiiLtc (l:iiij;i'C nf lciii|i("its; 

 so limt if iMir iiicii lie liimi'il tliriiMif, it sliniiM lie liy sniiir fniilracl. AVc Hckiinwli'ijcjo ikhii' of that 

 nature; but latlicr, nf (■(nil'nniiity with the {.awe nf N'aliniis in tiicse icsiiccts, as clcclniiiii,' the same lor 

 the ri'in(iviti'_' iif all I'layiiii" and ilniilit ; so that it is manifest, hy ilrnvini; ef this tishinir, and much 

 iiiori', for s|i(iylinLr iiur sulijects fur this rcs]icrt, \vc havi! Im'cu injnrt'cl a;4ainst thi' i.awc of Nations, 

 ('Xjirosslic ili'ilartMl hy contract as in the aforesaid Tieaties, and >li' Kmn'i o\\ n letters of '.S,"i. 



"And tortile askinj,' of licence, iyoiir Ilonoins will he jileased to ohsirve that tUi; I>anish statuto 

 reiiuired the l!n^di>li tip ]iay licences for fi.-hiii;.' in certain ]jarts of said sea close to the shore), it' 

 our jjrodccessors ycldcd thereunto, it was niori- than hy l.awe of N'atiims was due ; yelded, jierlia] , 

 upon some special enusideration, yet urow inirout of use, it remained due hy the Lawe of Nations, wimt 

 w;vs otherwise due liefore all ((inlract : wherefore, hy ouiittinj,' licence, it caunoi. he concluded, in any 

 CMC, that the riu'ht of lishiuL:, due h\- the l.iiwc of Nations faileth ; hut rather tiial the omitting to 

 requin! licence niii,'hl lie conlrarie to ihe contra<'t, yf any .such had heen in forci'. 



" i^oinctime, in speech, yAvn;(((/7, claymeth propi'rtie in that Sea, as lyin;,' helween .Vi^n/y;// and 

 Inland, — hotli sides in tln^ doniinions of oiirc lovin;,' cirotlier llir Kin;/, sujiposini; theiehy that for 

 th(j jprojpertie ppf a wIhpIi' sea, it is sntlicient to liavi' the hanks on liolli sides, as in rivers. Wliereunto 

 you may auswerp>, that tliou;;li properliip ipf sea, in some small clistaui'e fripui the I'ipa.st, inaie ycilil some 

 oversi;,'ht and jurisilictiipu, yet use not princes to forhid iiassai,'t! or fishing, as is well .seen in (;ur seiw of 

 KnglttiKl." 



TIiotm:h possession of tlie land clns(> to the sea. says this remarkalile letter of instruc- 

 tions, " tnay yield some oversiolit and jurisdiction, y(,'t used not Princes to forbid passage 

 or fisliinu, as is seen by oiu* law of England." There is much more to the same effect. 

 So that whatever claim of jurisdiction over the sea a neighbotirinf; nation nught make, 

 whatever claiiu to property in the soil under the seashemioht make, it was not the usage 

 of Princes to tbrbid passage, iiuiocent passage, or the fishing and catching of the free- 

 swimming fisli, wherever they might be upon the high seas. 



1 wish particularly to impress upon your Honors that all the North British Colonies 

 were in jiossession and enjovment of tlie liberty of ll.shing over all the North Western 

 Atlantic, its gulfs and ba\s. There is no word indicating the existence of a three 

 mile line of exclusion, or of an attaching the right of tishing to the geographical 

 posit iim of the Cilony. No, gentlemen, the Massaclnisi.'tts fisherman who dropped 

 his leaded line by tlie side of the steep coast of l„abrador, or wiihin hail of the 

 .shore of tiie Magdalen Islands, did it by precisely the same right that he fished in 

 Massachuseits liay, off Cajx; Cod or Cape Ann. Nobody knew any diflerence in the 

 foundalioii or the test of such rights in those days. It was a common heritage, not 

 dependent upon jiolitical geograjihy. As 1 haver said, it was conquered by the common 

 toil, bloo'!. and treasure, and held as a common right and possession. " Be it so," your 

 Honours may say, " but could not Great Britain take it from her Colonies?" Well, the 

 greatest jjliilosoplier. w ho gave ever his lift; to statesmanship — Edmund Burke — said, "that 

 is a rpiestion which can better be discussed in the school.s, wIktc alone it can be discussed 

 with safety." He compared it with the (luestion of the right to shear wolves. He was 



