xxxiv INTRODUCTION 



liberty claimed by the United States in 1818 was the liberty secured by 

 the Treaty of 1783. It is likewise necessary to recall the terms of the 

 treaty, because the American negotiators insisted that the rights secured 

 by the Treaty of 1783, which were not renounced by the Convention of 

 1818, remained in force between the two countries, and the convention 

 lends color to this contention, because it is expressly stated in the 

 second sentence of its first article that "The United States hereby 

 renounce, forever, any Liberty heretofore enjoyed or claimed by the 

 Inhabitants thereof, to take, dry or cure Fish on, or within three 

 marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His 

 Britannic Majesty's Dominions in America not included within the 

 abovementioned limits." The liberty heretofore enjoyed or claimed 

 was the liberty recognized or granted by the second sentence of the 

 fishery article of 1783, so that the provisions of the earlier treaty are 

 not merely material but essential to a right understanding of the 

 renunciation made by the United States of a previous liberty or claim. 



No differences, it seems, had arisen about the exercise of the "right"; 

 the provisions of the Treaty of 1783 respecting fishing upon the high seas 

 are not mentioned in the Convention of 1818 and therefore were un- 

 affected by its terms. The "liberty" of drying and curing fish secured 

 by the second sentence of the Treaty of 1783 gave rise to many and varied 

 differences, to adjust which the Convention of 1818 was negotiated. 



An examination of the fisheries article of the Convention of 18 18 

 discloses the fact that it consists of several parts, dealing with various 

 phases of the general question. 



1. There is a preamble setting forth that differences have arisen 

 respecting the liberty claimed by the United States for the inhabitants 

 thereof to take, dry, and cure fish within certain portions of His Britannic 

 Majesty's dominions in America, and that, animated by the desire to 

 adjust these differences, the present agreement was concluded; 



2. The article then proceeds either to regrant or to confirni the liberty 

 of fishing secured by the Treaty of 1783 with, however, very material 

 modifications of the territorial limits within which American inhabitants 

 might prosecute their fishery; 



3. A liberty is granted to dry and cure fish in various unsettled 

 portions of British North America; 



4. In consideration of the grant, regrant, or recognition of the liberty 

 to take, dry, and cure fish, subject to the conditions specified in the 

 article, the United States renounces any liberty heretofore enjoyed 

 or claimed by its inhabitants to take, dry, or cure fish on or within 

 three marine miles of any of the coasts, bays, creeks, or harbors of His 



