up the treaty ending the War of
1812, wrangled long over the question whether or not the war had
nullified the just cited Article 3 of 1783. Unable to agree, they signed
their treaty without deciding the question, leaving this for the future
to settle as it might. Great Britain held that our former rights had
lapsed by the war, and excluded our fishing vessels from the bays,
harbors, and creeks named above. Several of our vessels were arrested on
charge of trespass. The utmost tension still existed, in spite of the
peace, especially as in the United States the view prevailed that our
rights by the old treaty had outlived the war, notwithstanding the
silence of the Ghent document.

[1818 ]

At length, in 1818, a new treaty was entered into upon the question,
signed October 20th, ratified by England November 2d, and by the United
States January 28, 1819. This instrument ignored our contention that
Article 3 of the treaty of 1783 was of perpetual obligation, and
restricted our right to fish in shore to the southern shores of the
Magdalen Islands, the west and southwest coasts of Newfoundland from the
Rameau Islands round to Quirpon Island, and the Labrador coast from
Mount Joly northward. Only here could our fishermen fish within the
three mile limit, and they could dry and cure only on the named parts of
Labrador and Newfoundland, Magdalen Islands being now excluded from this
use. Even on Labrador and Newfoundland the privilege of drying and
curing was to be cut off by settlement, except as agreement should be
made beforehand with the inhabitants.

But the fateful clause of this treaty was the following: "And the United
States hereby renounce forever any liberty heretofore enjoyed or claimed
by the inhabitants thereof, to take, dry, or cure fish on or within
three marine miles of any of the coasts, bays, creeks, or harbors of his
Britannic Majesty's dominions in America not included within the
above-mentioned limits: Provided, however, that the American fishermen
shall be admitted to enter such bays or harbors for the purpose of
shelter and of repairing damages therein, of purchasing wood, and of
obtaining water, and for no other purposes 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."

[1854-1870]

Troubles were soon as abundant as ever. The Canadians app