589

A 5

Commercial intercourse, the British Government contended that the fishing rights recognised and secured to the citizens of the United States by the Treaty of 1783 had become abrogated in consequence of the war of 1812, on the principle of war annulling all unexecuted engagements between two belligerents. The fishing rights conveyed to the United States of America by the Treaty of 1783 having been annulled by the war of 1812, the citizens of the United States no longer had the right to fish in any of the North American waters. This exclusion continued until the conclusion of the Treaty of the 20th October, 1818, w Inch Treaty remains in force to-day, and embodies the whole of the fishing privileges to which United States citizens are entitled in the waters that wash the coasts of Newfoundland and the Dominion of Canada. Article I. of that Treaty contains a recital of the fishing privileges in British North American waters conveyed to the United States by the Imperial Government. That article reads as follows : — "Whereas differences have arisen respecting the liberty claimed by the United States, for the inhabitants thereof, to take, dry, and cure fish on certain coasts, bays, harbours, and creeks of His Ihitannic Majesty's Dominions in America, it is agreed between the high contracting parties that the inhabitants of the said United States shall have for ever, in common with subjects of 11 is Britannic Majesty, the liberty to take fish of every kind on that part of the southern coast of Newfoundland, which extends from Cape Ray to the Rameau Islands; on the western and northern coast of Newfoundland from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen islands, and also on the coasts, bays, harbours, and creeks from Mount Joly, on the southern coast of Labrador, to and through the Straits of Belle Isle, and thence northwardly indefinitely along the coast, without prejudice, however, to any of the exclusive rights of the Hudson Bay Company. And that the American fishermen shall also have liberty for ever to dry and cure fish in any of the unsettled bays, harbours, and creeks of the southern part of the coast of Newfoundland, above described, and of the coast of Labrador; but so soon as the same, or any portion thereof shall be settled, it shall not be lawful for the said fishermen to dry and cure fish at such portion so settled without previous agreement for such purpose with the inhabitants, proprietors, or possessors of the ground. And the United States hereby renounces tor ever 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 above-mentioned limits : " Provided, however, that the American fishermen shall be admitted to enter such bays or harbours for the purpose of shelter, and of repairing damages therein, of purchasing wood, and of obtaining water, and for no other purpose whatever. But they shall he under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein, or in any other manner whatever abusing the privileges hereby reserved to them." The Treaty limited to a territorial extent the fishing rights of the people of the United States, which they had enjoyed as British subjects, and which had been recognised and continued under the Treaty of Peace of 1783, and down to the year 1812 It provided for the continuance of the ancient rights of fishing on certain parts of the coast of the Colony of Newfoundland and of His Britannic

Fifteenth Day. 14 May 1907.

Newfoundland Fishery. (Sir R. Bond.)