e "right" to
fish on the Grand and other banks of Newfoundland, and in the Gulf of
St. Lawrence and at "all other places in the sea, where the inhabitants
of both countries used at any time heretofore to fish", but they were to
have only "the liberty" of taking fish on the coasts of Newfoundland and
also of "all other of his Britannic Majesty's dominions in America; and
also of drying and curing fish in any of the unsettled bays, harbours,
and creeks of Nova Scotia (then including New Brunswick), Magdalen
Islands, and Labrador, so long as the same shall remain unsettled." In
the one case, it will be seen, there was a recognised right, but in the
other only a mere "liberty" or privilege extended to the fishermen of
the United States. At the close of the war of 1812 the British
government would not consent to renew the merely temporary liberties of
1783, and the United States authorities acknowledged the soundness of
the principle that any privileges extended to the republic in British
territorial waters could only rest on "conventional stipulation." The
convention of 1818 forms the legal basis of the rights, which Canadians
have always maintained in the case of disputes between themselves and
the United States as to the fisheries on their own coasts, bays, and
harbours of Canada. It provides that the inhabitants of the United
States shall have for ever the liberty to take, dry, and cure fish on
certain parts of the coast of Newfoundland, on the Magdalen Islands and
on the southern shores of Labrador, but they "renounce for ever any
liberty, heretofore enjoyed" by them to take, dry, and cure fish, "on or
within three marine miles of any of the coasts, bays or creeks or
harbours of his Britannic Majesty's other dominions in America";
provided, however, that the American fishermen shall be admitted to
enter such bays and harbours, for the purpose of shelter, and of
repairing damages therein, of purchasing wood, and of obtaining water,
and "for no other purpose whatever."
In April, 1817, the governments of Great Britain and the United States
came to an important agreement which ensured the neutrality of the great
lakes. It was agreed that the naval forces to be maintained upon these
inland waters should be confined to the following vessels: on Lakes
Champlain and Ontario to one vessel, on the Upper Lakes to two vessels,
not exceeding in each case a hundred tons burden and armed with only one
small cannon. Either nation had
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