A.—s

590

Majesty's other Dominions in America. It also provided for a renunciation by the United States of pre-existing rights to take fish within 3 marine miles of any of the coasts, bays, creeks, or harbours of His Britannic Majesty's Dominions in Britisfi North America, not included within the limits set forth in the article which I have read, that renunciation being subject, however, to the proviso that " American fishermen shall be admitted " to enter such bays or harbours for the purpose of shelter, and of repairing " damages therein, or purchasing wood, and of obtaining water, and for no " other purpose whatever. But they shall be 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 Conference will not fail to observe that this Treaty contained no provision as respects the exercise .of what may be termed " commercial rights " by American fishing or other vessels in the waters of the Colony of Newfoundland or of His Majesty's other Dominions in America. It was not until the"year 1830 that a reciprocal arrangement was entered into between the Government of Great Britain and that of the United States for what might be properly termed " commercial" relations, the Act of Congress of May 29th, 1830, providing for the opening of all American ports to certain British Colonial vessels on a mutual opening of British Colonial ports to American vessels, and a Proclamation dated the sth of October 1830, giving effect to it on the part of Great Britain. This arrangement would appear to have led to acts of aggression on the part of American subjects, and to a violation of the Treaty obligations of 1818, for we find that in the year 1836 the Government of Newfoundland passed a Bill, entitled, " An Act to prevent the encroachment of aliens on the " fisheries of this Colony, and for the further protection of the said fisheries"; that, in the same year, the Province of Nova Scotia passed laws in respect to the seizure of American fishing vesels for trading and fishing within the 3-mile limit; and, that in the year 1838, the said Province of Nova Scotia complained by address to the Queen of such aggressions, and asked for naval force to prevent them. This force was supplied by the British Government and seizures of American fishing vessels became common. Down through the years until 1854 the same conditions applied, when on the sth of June, 1854, a comprehensive reciprocal trade treaty was entered into between His Majesty's Government and that of the United States, under which Americans were granted the right to fish within the limits prescribed by the Treaty of 1818, under certain restrictions. That Treaty terminated in the winter of 1864, by a vote of the Congress of the United States. Between 1864 and 1871 the policy of issuing licenses to American fishermen to fish in the waters from which they were excluded for fishing purposes by the Treaty of 1818, was adopted by the Canadian Government, and, during the year 1866, 354 licenses were issued by that Government at the rate of 50 cents per ton. The next year the license fee was increased to $1 per ton, and the number of licenses issued amounted to 281. In 1868 and 1869 the license fee was doubled to $2 per ton, and in the years 1868 and 1869, 56 and 25 licenses respectively were taken out. The Canadian Government then changed its policy and enacted exclusive laws against American fishermen forcing them to keep without the 3-mile limit. In the year 1871, another reciprocal trade Treaty was entered into between His Majesty's Government, and that of the United States, which provided that, for a period of 10 years, fishermen of the United States should have, in addition to their right under the Treaty of 1818, the privilege of inshore fishing in the waters of British North America under certain limitations. In return for that privilege, it was provided that the fishery

Fifteenth Day. 14 May 1907.

Newfoundland Fishery. (Sir R. Bond.)