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2. Shores of Magdalen Islands.

3. Coasts, bays, harbours, and creeks of Labrador, from Mount Joli, eastwardly and northwardly.

Liberty to Dry and Cure Fish in

Bays, harbours, and creeks for the time being unsettled of1. Coast of Newfoundland-Cape Ray to Rameau.

2. Coast of Labrador.

Renunciation of liberty to take, dry, or cure fish on or within three miles of all other coasts, bays, creeks, or harbours.

Proviso for entry to such bays or harbours for shelter, repairing damages, wood, and water, and for no other purpose whatever. This comparison shows the following facts:

1. The liberties of the 1818 treaty are very much more restricted than those of the 1783 treaty.

2. Some of the liberties of 1818 were new, that is, they had not been conceded in 1783.

REASONS FOR CONCESSION.

Concession of 1818.-The motives which actuated this new concession of fishing liberties are very clearly disclosed in the contemporaneous correspondence. The British Government absolutely repudiated all assertion of right upon the part of the United States, but yielded to the other considerations which were urged upon them, namely, friendship and regard for the benefits which would accrue to American fishermen, among whom were (App., p. 66)—

multitudes of people who were destitute of any other means of subsistence,

and who would thus be

afforded the means of remittance to Great Britain in payment for articles of her manufactures exported to America.

BRITISH STATUTE, 59 G. III, c. 38.

1819. The British Parliament passed a statute intituled "An Act to enable His Majesty to make regulations with respect to the taking and curing fish on certain parts of the coasts of Newfoundland, Labrador, and His Majesty's other possessions in North America,

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according to a convention made between His Majesty and the United States of America," and in pursuance of that statute an Order-in-Council was passed (19th June) containing instructions of general character to the Governor of Newfoundland. (App., p. 565.)

SOVEREIGNTY IN NEWFOUNDLAND.

1822-3.-Question having arisen between the United States and France as to the validity of the latter's claim to the exclusive right of

fishing upon that part of the Newfoundland coast upon which French fishermen had privileges under the treaty with the United Kingdom of 1783, and France having assumed to eject American vessels from such coasts, the United States asserted that the sovereignty over the territory was in the United Kingdom. (App., pp. 102–8.)

COMMERCIAL ENTENTE, 1830.

1830. By mutual executive action, certain relaxation was made in the navigation laws of the two nations. United States vessels were permitted for the first time to (App., p. 570)—

import from the United States aforesaid, into the British possessions abroad, goods the produce of those States; and may export goods from the British possessions abroad to be carried to any foreign country whatever.

Fishing vessels were not within the purview of these arrangements.

NOVA SCOTIA STATUTE, 1836.

1836.-The great difficulty and expense of effective patrol of the very extensive coast-lines embraced in the convention of 1818 had produced wide-spread neglect of its limitations. A few seizures had been made during the period 1820-1830. Renewed depredations led to the passing in 1836 of legislation (App., p. 613) in Nova Scotia (afterwards declared by Imperial Order in Council to be regulations under the Imperial statute of 1819). and also to a more strict enforcement of its rights by the British Government. (App., p. 571.)

SEIZURE IN BAY OF FUNDY, 1843.

1843. The United States fishing vessel "Washington" was seized for fishing in the Bay of Fundy.

BRITISH CONCESSION OF BAY OF FUNDY, 1845.

1845. After some discussion the British Government announced their intention to allow American fishermen to fish within the Bay of Fundy as a matter of grace, although advised that it was a bay within the meaning of the treaty of 1818, and, therefore, water in which those fishermen could not claim to fish as of right. (App., p. 141.)

MR. WEBSTER, 1852.

1852.-The British Government having declined to make a similar relaxation as to bays other than the Bay of Fundy, Mr. Daniel 13 Webster, United States Secretary of State, issued a notice

dealing with the application of the treaty to bays. Subsequently the same subject was debated in Congress. Both these matters are further discussed under question No. 5. (App., p. 152.)

1853.-Mr. Marcy, United States Secretary of State, issued circular instructions as to the conduct of American fishermen, to which reference will be made hereafter. (App., p. 201.)

1854.-The treaty known as "the reciprocity treaty" was entered into. It admitted American fishermen to the enjoyment of all British coast fisheries in the Atlantic in exchange for admission of British fishermen to certain United States coast fisheries, and it provided also for reciprocal abatements in customs dues. During the currency of this treaty, American fishermen were permitted to purchase supplies in British ports; but light-dues were exacted and paid without objection. (App., p. 36.)

1855-6.-Mr. Marcy issued further circular instructions as to the conduct of American fishermen. (App., pp. 207, 209.)

BAY OF FUNDY ARBITRATION, 1856.

1856-Arbitration took place with reference (amongst other things) to a claim by the owner of the "Washington" against the British Government in respect of the seizure in 1843. (App., p. 212.)

LICENCES, 1866.

1866. The reciprocity treaty was terminated by the United States. Negotiations for its renewal ensued, and meanwhile the fishing privileges conferred by it upon United States fishermen were continued under a system of licenses for which an annual fee was charged.

DOMINION OF CANADA, CONSTITUTED, 1867.

1867.-Canada, Nova Scotia, and New Brunswick were united under the name "The Dominion of Canada."

1870.-American fishermen having gradually ceased to take licences, the system was ended (Canadian Order in Council, 8th January). (App., p. 230.)

MR. BOUTWELL'S CIRCULAR, 1870.

1870. Mr. Boutwell (United States Secretary of State) issued a circular of instructions (9th June), in which he said that (App.. p. 237)

Fishermen of the United States are bound to respect the British laws and regulations for the regulation and preservation of the fisheries, to the same extent to which they are applicable to British or Canadian fishermen.

This circular was re-issued two years later.

TREATY OF 1871.

1871.-A treaty, known as the treaty of Washington, made provisions somewhat similar in terms to the reciprocity treaty of

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1854. The arrangements as to the fisheries lasted until 1885, when they were terminated on the initiative of the United

States.

1873.-Prince Edward Island became part of the Dominion of Canada. Prior to this year it was a province by itself.

HALIFAX COMMISSION, 1877.

1877. Great Britain having claimed that the fishing liberties conferred on the citizens of the United States by the treaty of 1871 were of greater value than the reciprocal advantages acquired by British subjects, the treaty provided that this claim should be referred to a commission, and that compensation should be awarded if found due. The Commission met at Halifax, and eventually awarded 5,500,000 dollars to Great Britain. The proceedings before this Commission are of some importance, and will hereafter be referred to. (App., p. 254.)

FORTUNE BAY, 1878.

1878.-Newfoundland inhabitants, wrongfully taking the law into their own hands, interrupted some American fishermen while carrying on their operations in Fortune Bay, under the treaty of 1871. The justification alleged was that the Americans were committing breaches of three of the provisions of Newfoundland statutes:

1. Establishing a close season for taking herrings by certain methods;

2. Prohibiting the "barring" of herrings in coves, &c.; and 3. Prohibiting fishing on Sunday.

The amenability of American fishermen to these laws was asserted by the United Kingdom, and denied by the United States. In the end, Great Britain paid compensation, on the ground that individual. citizens of Newfoundland had no right to take the enforcement of the law into their own hands, but the contention that the Newfoundland laws were binding on United States fishermen was expressly maintained. (App., p. 289.)

ARRANGEMENTS, 1885.

1885. The fishery clauses of the treaty of 1871 having been terminated by the United States, temporary diplomatic arrangements continued the application of their provisions throughout the season of 1885.

CANADIAN STATUTE, 1886.

1886. Further agreement not having been made, Canada adopted a statute (49 Vict., cap. 114) for the purpose of removing the doubt

caused by conflicting judicial decisions of 1870-1 as to whether the purchase of bait within British waters was " preparing to fish " 15 there. The new statute provided for seizure in case of foreign fishing vessels having (App., p. 631) —

entered such waters for any purpose not permitted by treaty or convention of the United Kingdom or Canada for the time being in force.

UNITED STATES RETALIATORY STATUTE, 1887.

1887.-American fishermen having thus been prohibited from purchasing supplies in British waters, the United States passed retailatory legislation, authorising the President by proclamation (App., p. 793)

to deny vessels, their masters and crews, of the British dominions of North America, any entrance into the waters, ports, or places of, or within, the United States (with such exceptions in regard to vessels in distress, stress of weather, or needing supplies, as to the President shall seem proper), whether such vessels shall have come directly from said dominions on such destined voyage or by way of some port or place in such destined voyage elsewhere.

It will be observed that this statute was not confined (as was Canadian action) to fishing vessels, but applied to vessels of all kinds. 1887.-Newfoundland passed a statute, by which it was provided that no person should export, or catch for the purpose of exportation, any herring, caplin, squid, or other bait fishes without a licence. (App., p. 711.)

1888. A convention was negotiated (known as the ChamberlainBayard convention). It dealt with the question of bays and commercial privileges. (App., p. 42.)

The United States Senate declined to ratify this convention, and it therefore never became operative.

The negotiators, however, had provided for a modus vivendi pending legislative action with regard to the treaty, which is still in operation in Canada.

1888.-Newfoundland passed a statute providing for the issue of licences to purchase bait, for bait purposes. (App., p. 712.)

1889.-Newfoundland passed a statute amending and consolidating the two previous statutes (1887 and 1888). This Act has been commonly known as the Bait Act. It prohibited (without licence) any dealing with bait fishes for the purpose of exporting them to be used either for consumption or as bait. (App., p. 713.)

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BOND-BLAINE CONVENTION OF 1890.

1890.-A convention was arranged affecting the relations between the United States and Newfoundland (known as the Bond-Blaine convention), which, however, never became effective. (App., p. 45.)