CHAPTER XVI.

THE HALIFAX COMMISSION.

Among the subjects discussed by the peace Negotiations of 1782. commissioners of the United States and Great Britain at Paris in 1782, the two that were the most strongly contested and the last disposed of were those of the fisheries, and the compensation of the loyalists. The provisional articles of peace were concluded November 30, 1782. On the 25th of that month the British commissioners delivered to the American commissioners a third set of articles, containing fresh proposals of the British ministry, and representing the results of many weeks of negotiation. By the third article it was proposed that "the citizens of the United States shall have the liberty of taking fish of every kind on all the banks of Newfoundland, and also in the Gulf of St. Lawrence; and also to dry and cure their fish on the shores of the Isle of Sables and on the shores of any of the unsettled bays, harbors, and creeks of the Magdalen Islands, in the Gulf of St. Lawrence, so long as such bays, harbors, and creeks shall continue and remain unsettled; on condition that the citizens of the said United States do not exercise the fishery, but at the distance of three leagues from all the coast belonging to Great Britain, as well those of the continent as those of the islands situated in the Gulf of St. Lawrence. And as to what relates to the fishery on the coast of the Island of Cape Breton out of the said gulf, the citizens of the said United States shall not be permitted to exercise the said fishery, but at the distance of fifteen leagues from the coasts of the Island of Cape Breton." This proposal, by which the citizens of the United States were forbidden not only to dry fish on the shores of Nova Scotia, but also to take fish within three leagues of the coasts in the Gulf of St. Lawrence, and within fifteen leagues of the coasts of Cape Breton outside of that gulf, was unacceptable to the American commissioners. On the 28th of November, John

I Wharton's Dip. Cor. Am. Rev. VI. 74–76.

Adams drew up a counter project, which was submitted in a conference of the commissioners on the following day. It provided that the subjects of His Britannic Majesty and the people of the United States should "continue to enjoy, unmolested, the right to take fish of every kind, on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulf of St. Lawrence, and in all other places, where the inhabitants of both countries used at any time heretofore to fish," and that the citizens of the United States should "have liberty to cure and dry their fish on the shores of Cape Sables, and any of the unsettled bays, harbors, or creeks of Nova Scotia, or any of the shores of the Magdalen Islands, and of the Labrador coast;" and that they should be "permitted, in time of peace, to hire pieces of land, for terms of years, of the legal proprietors, in any of the dominions of his Majesty, whereon to erect the necessary stages and buildings, and to cure and dry their fish." 1

The Treaty of 178283.

One of the British commissioners objected to the use of the word right, in respect of the taking of fish on the Grand Bank and other banks of Newfoundland, in the Gulf of St. Lawrence, "and in all other places, where the inhabitants of both countries used at any time heretofore to fish." Another said that "the word right was an obnoxious expression." Adams vehemently contended for the right of the people of America to fish on the banks of Newfoundland,' and finally declared that he would not sign any articles without satisfaction in respect of the fishery. The British commissioners conceded the point, and after many suggestions and amendments3 the following article was agreed on:

"ARTICLE III.

"It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank, and on all the other banks of Newfoundland; also in the Gulph of St. Lawrence, and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish; and also that the inhabitants of the United States shall have liberty to take fish of every kind

1 Wharton's Dip. Cor. Am. Rev. VI. 85.

2"Can there be a clearer right?" exclaimed Adams. "In former treaties, that of Utrecht, and that of Paris, France and England have claimed the right and have used the word."

3 Wharton's Dip. Cor. Am. Rev. VI. 86.

on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island;) and also on the coasts, bays and creeks of all other of his Britannic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbours and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled; but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement, without a previous agreement for that purpose with the inhabitants, proprietors or possessors of the ground."

"Rights" and "Liberties."

By this article it was agreed that the people of the United States should continue to enjoy the "right" to take fish on all the banks of Newfoundland and in the Gulf of St. Lawrence, and "at all other places in the sea," where the inhabitants of both countries had been accustomed to fish; and that the inhabitants of the United States should have the "liberty" to take fish on the coast of Newfoundland and on the coasts, bays, and creeks of all other of His Britannic Majesty's dominions in America, and also the "liberty" to dry and cure fish, subject to the conditions stated in the article.

Ghent.

When the plenipotentiaries of the United The Fisheries and States and Great Britain met at Ghent on the the Mississippi at 8th of August 1814 the British plenipotentiaries, after proposing three points for discussion, said that, before they desired an answer on those points, "they felt it incumbent upon them to declare that the British Government did not deny the right of the Americans to fish generally, or in the open seas; but that the privileges formerly granted by treaty to the United States of fishing within the limits of the British jurisdiction, and of landing and drying fish on the shores of the British territories, would not be renewed without an equivalent." What they considered to be exclusively British waters they did not state. On the 19th of August they also brought forward, as a subject of discussion, the free navigation of the Mississippi, which had been secured to British subjects by the treaty of peace of 1783.2 On the 10th of November the American plenipotentiaries submitted to the British. plenipotentiaries a project of a treaty; and in the note that