817 



Each of lli.« oonfracfinit parties pewinting; In thoir views, the subject of the fisheries 

 was oxciiiilftl iVnm the Treaty of (iliciU; but tlio United States soon learned tliat 

 Kngiarid \\m ri;;ht, and they liad to resort to the ullimn ratio of anotlicr war to 

 enforce tlicir opinions not only a-jainst (Jrcat Uritain, hut also ajrainst tlie universal 

 HeuHc of (itlicr nations. Wc read in llie same hook, page 210, tlnit in the summer of 

 1815, Mritlnii nrini'd eniiscrs warned oft' all American lisliing vessels on the Coast of 

 Nova Scolia, lo a distance of sixtv miles from the shores, and thereby, sava our writtT, 

 the Urilish (}o\<M-nmint proved sfj^nificantly wliat tlnsy had meant by tlieir side of the 

 ;iri,Mnniiil. ()m this, the Americans solicited and ol)tained the Convention of I8l8. Tha 

 lirst Arlicle ol'tliat Treaty ("xplains tho circumstances under which it was come to: — 



"Wliiri'HH diHiivnros Imvo ariunn rpspoctiii':; tli*' liliorty cl-.i-ncl ))y tlio Unifftd Stat on for the 

 iiili(i1iit;iiil i ilic'iroi' 111 trikc, (Irv, iiiicl ciiiv lisli (HI rcrtiiiii ciiiists, liiivs, imilioiirM, iind I'lwks ot' His 

 Uritiiiiiiic MMfi'siy •< ilniiiiiiiiiiii ill Aiiiciirn, it in iiLrri'Oil, liflwct'ii tlic Hiirli ('oiitimliii',' I'mtii's, tlmt tlio 

 iiiliuliil.iiil : (if lliM siiiil I'liitcil Stiilcs .slmll have, lor ever, in ('omiiiiiii witli tlio fiiilijcct^i nf lli.i lirituiinic 

 Afiijisty, I Ii(> lilicily to take lish (if every kind 1)11 tlmt |.ail (if tlie xdiitlieiii eim.st of Ncwfi.uiiilluiKl, 

 wliiili exIeiidH fidiu t'.ipe liny t(i the liiiiiieiui Islaiid-i, dii the weUern and iinrliierii cdast iif New- 

 fdiindl.ind, fioiii the -lid Ciipe IJay tn lh(! (^iiirpdii IhIiuiiIs, (MI th(! slunc (if .^fll,'d,lll•ll Isluiid.-i, and also 

 (111 the cdasH, Iiay^, liailioiiiN, and creeks, fnim Meunl .Idly, on tli(> soutlierii cdasi df Liihraddr, tn and 

 ihi'diieh ll'- Strait-) nf IMle Isles, and thenco nerihwaidly iiidelinitely iihin;,' the eeast, willnml 

 Iircjndiee hdwpver, id any ef iIk; ex( liisive rij.'iils of the lltidsdn I'ay Company ; and tlmt the Aineriean 

 lisliernieii sliall alsn have lilieity, fdi'.ever, to dry and enre li.sli in any (if the uiisetlle(l liavd, harliiiui'S, 

 and creeks of Ihe siiiithirn mast (if Xewfdiindlalid, herealiove (lescrilie(l, and df tlu! cuast (if Lihraihir ; 

 liilt .sii Sdiin as the same (ir any jiorlidii therodf ."hall ho settle(|, it shall not he lawful fur thu said 

 lishermcn Id dry dv cnii^ lisii at sneh ]i(irti(m so settled witlmut )iievidiis ai,'reeiiieiit fur such ))iirpost! 

 with Ihti iidmhilants, ]iinpiieidrM, or iidssc.ssors of the j,T(iiin(l. And the United States heichy renoiincu 

 for ever, any liheity heietefdre iiijuyed or tluinie(l liy the inhaliitiiiits ihercdf. In lake, dry or (aire lisli 

 on or within thne marine miles of any of the coasts, hays, erei'ks, or Imrhoiiis, of His Itrilaniiic 

 Majesty's dntninions in Ameiica imt inchidiMl wilhin tlu! ahdv.'-nieiitioiied limits. I'mvided, however, 

 that the Americnn li-hermeii shall he adMiitt(!d to enter sneh hays or harhoms for the jinrpose of sladlor 

 and of repairinj; dama'.'cs therein, of ])urclmsiiii; wood iiiul of ohlaininj^ water, and for no other purpose 

 whatevLT. lint liiey siiall Im; iukUt sncli restrictions as shall he necessary to ]ircveiit their taking;, 

 dryitv, or curing fish therein, or iu any other manner wliat^^ver ahusiuj; the privilej,'us heruliy ruservod 

 to'lheiii." 



The dilference I)(;two(>n this Convention and the Treaty of 178,3 consists in tlio 

 exclusion of the Americans from the shore and bay fisheries which they enjoy under tho 

 Treaty of 187,1. This was more than suflieient to mark liie abandonment by tho 

 Americans of the position assumed at Cihent, that war had not abro-jated their iishing 

 liberties under that Treaty. It is, in fact, owinpf to that important di (Terence that I have 

 at this moment the honour of addressini? myself to this distinj-uished tribunal. 



Six years after tlic adoption of this Convention, in 1824, din'erences jjrew out of tlic 

 three miles' limit, though it does not appear to have arisen from the headland (luestion, 

 or lishinfjf in bays. 



Mr. Brent (as (pioted at page 8 of United States' Brief) speaks of American citizens 

 who have been interrupted " during the present season, in their accustomed and lawful 

 employment of tdkinrj nnd curimj fish iu thu Bay of Fundy and upon the Grand IJanks, 

 by the British armed brig 'Dotterel,'" &c. 



JMr. Addinglon awswers (page 8 and page 9 of United States' Brief), that the 

 complainants are not entitled to rep.aration for the loss they have sustained, having 

 rendered themselves obnoxious, having been taken sonwfldijrantu delicto, and others under 

 such circumstances that tliey could have no other intention than tiiat of pursuing tlieir 

 avocations as lishermen within the lines laid down by Treaty as forming boundaries 

 within which pursuit was interdicted to them. 



The United States' Brief, which is now confessed to have been inspired by a 

 misapprehension of tiie facts, stated (page i)) that the claim to exclude the American 

 lishermen from the great Inns, siicii as Fundy and ('haleurs, and also from a distance of 

 three miles, determined by a lino drawn from headland to headland across their months, 

 was not attempted to be enforced until tho years 1838 and 1839, when several of the 

 American fishing vessels were seized by the British cruisers for fishing in the large bays. 



This admis.sion coupled with the complaint of 1824, makes it evident that iiid'is- 

 putable portions of the Convention had been violated, since American V(>ssels had been 

 seized in Two-Islands Harbour, Crand Manan. Tiiis was. even with the present 

 American interpretation of the Convention of 1818, as lo headland.s, an evident trespass 

 on prohibited grounds; and the rescue of the vessels seized by the lishermen of Etisl port, 

 and oth.er similar instances, should not he mentioned otherwi.se than as acts of piracy, 

 which a jtowerftd nation may disregard for peace sake, but will resent wlion treasuretl 

 injurv exidodes on other occasions. 



' [280] 2 U 



