s
condemned. There is reason to believe that this unfriendly and vexatious
treatment was designed to bear harshly upon the hardy fishermen of the
United States, with a view to political effect upon this Government.
The statutes of the Dominion of Canada assume a still broader and more
untenable jurisdiction over the vessels of the United States. They
authorize officers or persons to bring vessels hovering within 3 marine
miles of any of the coasts, bays, creeks, or harbors of Canada into
port, to search the cargo, to examine the master on oath touching the
cargo and voyage, and to inflict upon him a heavy pecuniary penalty if
true answers are not given; and if such a vessel is found "preparing
to fish" within 3 marine miles of any of such coasts, bays, creeks, or
harbors without a license, or after the expiration of the period named
in the last license granted to it, they provide that the vessel,
with her tackle, etc., shall be forfeited. It is not known that any
condemnations have been made under this statute. Should the authorities
of Canada attempt to enforce it, it will become my duty to take such
steps as may be necessary to protect the rights of the citizens of the
United States.
It has been claimed by Her Majesty's officers that the fishing vessels
of the United States have no right to enter the open ports of the
British possessions in North America, except for the purposes of shelter
and repairing damages, of purchasing wood and obtaining water; that they
have no right to enter at the British custom-houses or to trade there
except in the purchase of wood and water, and that they must depart
within twenty-four hours after notice to leave. It is not known that any
seizure of a fishing vessel carrying the flag of the United States has
been made under this claim. So far as the claim is founded on an alleged
construction of the convention of 1818, it can not be acquiesced in by
the United States. It is hoped that it will not be insisted on by Her
Majesty's Government.
During the conferences which preceded the negotiation of the convention
of 1818 the British commissioners proposed to expressly exclude the
fishermen of the United States from "the privilege of carrying on trade
with any of His Britannic Majesty's subjects residing within the limits
assigned for their use;" and also that it should not be "lawful for the
vessels of the United States engaged in said fishery to have on board
any goods, wares, or mercha
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