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wards, would certainly interpret it to mean boundary, another result of Daniel Webthe whole body of water that separates the ster's astuteness, and the magnificent recontinent from Vancouver, — such a chan-gion now divided among the states of nel, in fact, as divides England from Oregon, Washington, and Idaho. And France; but it appears that there are a we may add another acquisition of theirs number of small channels which run - insignificant from the point of view of through the islands of the great channel territorial area, but still illustrative of the in question, and the clever diplomatists methods which have won all the great at Washington immediately claimed the districts we have named — Rouse's Point, Canal de Haro, the widest and deepest, as "of which an exact survey would have the canal of the treaty. Instead of at once deprived ” the United States, according taking the ground that the whole body of to Mr. Schouler in his excellent bistory. water was really in question, the English The question of the Alaska boundary government claimed another channel, Ro- alone remains unsettled, but it is a mere sario Strait, inferior in some respects but matter of exact surveying, and Canada is the one most generally and indeed only not likely to lose anything in that region, used at the time by their vessels. The after the experience just mentioned. importance of this difference of opinion During this period the fishery question chiefly lay in the fact, that the Haro gave again assumed considerable importance. San Juan and other small islands, valuable The imperial authorities had supported for defensive purposes, to the United the provincial governments in their efforts States, while the Rosario left them to En- to keep United States fishermen from gland. Then, after much correspondence, their fishing grounds under the terms of the British government, as a compromise, the Convention of 1818. The government offered the middle channel, or Douglas, at Washington then began to raise the which would still retain San Juan. If they issue that the three miles' limit, to which had always adhered to the Douglas, which their fishermen could be confined, should appears to answer the conditions of the follow the sinuosities of the coasts, includtreaty since it went through the middle of ing the bays, the object being to obtain the great channel, their position would access to the valuable mackerel fisheries have been much stronger than it was when of the Bay of Chaleurs and other waters they came back to the Rosario. By the claimed to be exclusively within the terri. Reverdy Johnson agreement of 1867, the torial jurisdiction of the maritime provseveral issues connected with the clause inces. The imperial government, generally, the whole channel or the small channels sustained the contention of the provinces
were to be submitted to arbitration, but a contention practically supported by it never reached the Senate. The English American authorities in the case of the representatives at the Washington Con- Delaware, Chesapeake, and other bays on vention of 1871 attempted to have a similar the coast of the United States — that the reference, but the United States commis- three, miles' limit should be measured sioners, aware of their vantage-ground, from a line drawn from headland to headwould consent to no other arrangement land of all bays, harbors, and creeks. In than to leave to the decision of the em- the case of the Bay of Fuody, however, the peror of Germany the question whether imperial government allowed a departure the Haro or the Rosario channel came from this general principle, when it was within the meaning of the treaty, and he urged by the Washington government, decided in favor of the United States. that one of its headlards was in the terri. However, with the possession of Van. tory of the United States, and that it was couver in its entirety, Canada can still be an arm of the sea rather than a bay. The grateful, and San Juan is now only re. result was that foreign fishing vessels were membered as an episode of diplomacy, only shut out from the bays on the coasts which has practically closed the long of Nova Scotia and New Brunswick series of perplexing boundary questions within the Bay of Fundy. All these questhat have arisen since 1783. The United tions were, however, placed in abeyance States can be well content with the grand for twelve years by the Reciprocity Treaty results of their treaties and purchases. of 1854, which opened up the provincial They have won in a hundred years or so fisheries to the people of the United States the former possessions of Spain and on condition of free trade between the France in the Mississippi valley, a large provinces of that country in certain natural portion of New Brunswick, a tract of four products of the mines, fisheries, and farms, millions of acres to the west of Lake Sus of the two peoples. This measure was ic perior in the settlement of the north-west itself an acknowledgment of the growing
importance of the provinces, and of the men in the North believed that the repeal large measure of self-government now ac. of the treaty would sooner or later force corded to them. The treaty only became the provinces into annexation, and a bill law with the consent of the provincial was actually introduced in the House of legislatures, and although the Canadian Representatives providing for the admisgovernments were not directly represented sion of those countries - a mere political by any of its members, the governor- straw, it is true, but still showing the curgeneral, Lord Elgin, who personally con- rent of opinion in some quarters in those ducted the negotiations on the part of days. When we review the history of England at Washington, in this as in all those times, and consider the difficult po. other matters touching colonial interests, sition in which Canada was necessarily was assisted by the advice of his responsi- placed, it is remarkable how honorably her ble ministers. The treaty lasted until government discharged its duties of a peu. 1866 when it was repealed by the action of tral between the belligerents.* It is well, the United States, in accordance with the too, to remember how large a number of provision bringing it to a conclusion after Canadians sought in the Union armies — one year's notice from one of the parties twenty against one who served in the interested. During the twelve years of South. No doubt the position of Canada its existence, the United States exported was made more difficult at that critical to British North America home products time by the fact that was a colony of to the value of $300,808,370, and foreign Great Britaio, against whom both North goods to the value of $62,379,718; or, a and South entertained bitter feelings by total export of $363,188,088. The imports the close of the war; the former mainly from the provinces into the United States on account of the escape of Confederate amounted to $267,612,131. These figures, cruisers from English ports, and the latter therefore, show a balance in favor of the because she did not receive active support United States of $95,575,957.* This from England. The North had been also statement, however, does not take into much excited by the promptness with account the value of the provincial fisheries which Lord Palmerston had sent troops to opened up to the fishermen of New En Canada when Mason and Slidell were gland, but it may be estimated from the seized on an English packet on the high fact, as stated by Mr. Derby, a recognized seas, and by the bold tone held by some authority in the United States on those Canadian papers when it was doubtful if subjects, that “during the two last years the prisoners would be released. of the Reciprocity Treaty the United Contemporaneously with the repeal of States had fishing in the Gulf of St. Law- the Reciprocity Treaty came the raids of rence and the Bay of Chaleurs no less the Febians, bands of men who did dis. than six hundred sail, which must have honor to the cause of Ireland, under the taken fish to the amount of $4,500.000," pretence of striking a blow at England and that “nearly one-fourth of the United ihrough Canada where their countrymen States fishing fleet, with a tonnage of forty have always found happy homes, free gove thousand to fifty thousand tons, worth ernment, and honorable positions. For $5,000,000 to $7,000,000 annually, fish near months before the invasion, American the three miles' limit of the provinces, newspapers were full of accounts of the
near” being evidently Mr. Derby's eu- assembling and the arming of these bands phemism for * within." +
on the frontier of Canada. They invaded The causes which led to the repeal of a the Dominion, property was destroyed, treaty so largely advantageous to the and a number of Canadian youths lost United States have been long well under their lives, and O'Neil and his collection stood. The commercial classes in the of disbanded soldiers and fugitives from Eastern and Western States were, on the justice were forced back to the country whole, favorable to an enlargement of the whose neutrality they had outraged. The treaty; but the real cause of its repeal was United States authorities, with their usual the prejudice in the North against the laxity in such matters, had calmly looked provinces for their supposed sympathy on while all the preparations for the raids for the Confederate States during the were in progress, in the presence of large War of the Rebellion. A large body of bodies of militia who could in an hour have
* See speech of Sir Charles Tupper in Canadian Mr. Secretary Seward wrote on one occasion in a House of Commons. Can. Hansard, 1888, vol. i., pp. letter to the British representative at Washington: “I 674-693.
think it proper to let you know that the president re† See Proceedings of the Royal Colonial Institute, gards with sincere satisfaction the conduct and proceed1872–3, pp. 56, 60.
ings of the Canadian authorities."
prevented these outrages on a friendly ter- | the government at Washington. In 1865 ritory. Proclamations were at last tardily and 1866 Canadian delegates were preissued by the government when the dam- pared to make large concessions, but were age had been done, and a few raiders were unable to come to terms chiefly on the arrested; but the House of Representa- ground that the imposts which it was protives immediately sent a resolution to the posed by the committee of ways and president requesting him “to cause the means in Congress to lay upon the prodprosecutions, instituted in the United ucts of the British provinces on their en. States courts against the Fepians, to be try into the markets of the United States discontinued if compatible with the public were such as, in their opinion, would be interest” a request which was complied “in some cases prohibitory, and certainly with. The writer on international law, seriously interfere with the natural course from whom we have already quoted, says of trade.” The delegates were reluctantly that "it would be difficult to fiod a more brought to the conclusion that " the com. typical instance of responsibility assumed mittee no longer desired trade between by a State through the permission of open the two countries to be carried on upon acts and of notorious acts, and by way of the principle of reciprocity.” The result complicity after the acts.”*
of these negotiations was to convince the These raids took place at a critical people of Canada that, while they should period of Canadian history - the eve of be always ready to listen to any fair propConfederation. The time had come for osition from their neighbors in the direcenlarging the sphere of the political action of reciprocity, they should at the tion of the provinces and giving them same time seek to open up as many new larger responsibilities. The repeal of the avenues of trade as possible, and not deReciprocity Treaty and the Fenian inva- pend on the caprice of their neighbors. sions helped to stimulate public sentiment In 1869 Sir John Rose, while minister of in favor of a political union which would finance, made an effort in the same direcenable them to take common measures for tion, but he was met by the obstinate retheir general security and development. fusal of the Republican party, then as In 1867, as the result of the conference always highly protective. of provincial delegates who asseinbled at Al this while the fishery question was Quebec in the autumn of 1865, the impe- assuming year by year a form that was rial Parliament passed an act establishing most irritating to the two countries. The a federal union between the provinces of headland question was the principal diffiCanada (now divided into the provinces of culty, and the English government, in Ontario and Quebec), New Brunswick, order to conciliate the United States at a and Nova Scotia, and providing for the time when the Alabama question was a acquisition of the North-West Territories, subject of anxiety, induced the Canadian and the admission of other provinces. government to agree, very reluctantly it This union was of a federal character, a must be admitted, to shut out foreign central government having the control of fishing vessels only from bays less than national or common objects, and provincial six miles in width at their entrances. In governments having control of purely pro- this, as in all other matters, however, the vincial, municipal, and local matters. In Canadian authorities acknowledged their 1867-8 the first Parliament of United duty to yield to considerations of imperial Canada met at Ottawa, and the provincial interests, and acceded to the wishes of legislatures at their respective seats of the imperial government in almost every government; and the Dominion - not the respect, except actually surrendering their
province" – of Canada entered on a territorial rights in the fisheries. They career of political and industrial develop issued licenses to fish, at low rates, for ment which is now making its influence several years, only to find eventually that felt over half a continent.
the American fishermen did not think it Before and since the union, the govern- worth while buying these permits when ment of Canada have time and again made they saw that the regulations for proteciefforts to renew a commercial treaty with ing the fisheries_could be evaded with
little difficulty. The result of the corre. • Hall, p: 215, note. This same writer also refers to spondence that went on for several years the disposition shown by the United States in 1879 to was the Washington Conference or Com. press State responsibility to the utmost extreme against Great Britain, when Sitting Bull and some Sioux In mission of 1871, which, in its inception, dians took refuge in the North-West Territories of was intended to settle the fishery question Canada, and there was some reason to expect that they primarily, but which actually gave the would make incursions into the United States territory. See Wharton, Digest, sect. 18.
precedence to the Alabama difficulty – then of most concern in the opinion of ter of the Dominion, Sir John Macdonald, the London and Washington governments. was chosen as one of the English high With the settlement of the Alabama ques commissioners, avowedly with the object tion, and the three new rules laid down at of acknowledging the interest of Canada the outset, as the basis of arbitration, we in the questions involved. Although he have nothing to do in this present article, was but one of five English commissionand we can only say that Canadians as ers, and necessarily tied down by the in. well as Englishmen might well be satisfied structions of the imperial State, no doubt that a troublesome international difficulty bis knowledge of Canadian questions was was at last amicably arranged. The rep- of great service to Canada during the Conresentatives of the United States would ference. If the treaty finally proved more not consider a proposition for a renewal favorable to the Dominion than it at first of another reciprocity treaty on the appeared to be, it was owing largely to basis of that of 1854. The questions the clause which provided for a reference arising out of the Convention of 1818 to a later commission of the question, were not settled by the commission, but whether the United States would not have were practically laid aside for ten years to pay the Canadians a sum of money, as by an arrangement providing for the free the value of their fisheries over and above admission of salt-water fish into the United any concessions made them in the treaty. States, on condition of allowing the fishing The result of this commission was a payvessels of that country free access to the ment of five millions and a half of dollars Canadian fisheries. The free pavigation to Canada and Newfoundland, to the infiof the St. Lawrence was conceded to the nite disappointment of the politicians of United States in return for the free use of the United States who had been long acLake Michigan and of certain rivers in customed to have the best in all bargains Alaska. The question of the coasting with their neighbors. No fact shows more trade, long demanded by the maritime clearly the measure of the local self-govprovinces, was not considered, and while ernment at last won by Canada and the the canals of Canada were opened up to importance of her position in the empire, the United States on the most liberal than the fact that the English government terms, the Washington government con- recognized the right of the Dominion govtented themselves with a barren promise ernment to name the commissioner who in the treaty to use their influence with represented Canada on an arbitration the authorities of the States to open up which decided a question of such deep their artificial waterways to Canadians, importance to her interests. We see, then, The Fenian claims were abruptly laid as Canada gained in political strength, she aside, although, had the same principle of obtained an influence of imperial Councils
due diligence” that was laid down in the which Mr. Fish resented at the time, and new rules been applied to this question, was able to obtain that consideration for the government of the United States her interests which was entirely absent would have been mulcted in heavy dam. in the days of her infancy and weakness. ages. This question above all others
The Wasbington Treaty lasted for should have been settled on terms wbich twelve years, and then the clauses relating would have shown the disposition of a to the fisheries and to trade with Canada great country to do justice to a neighbor were repealed by the action of the United who had, under the most trying circum- States government* During its existstances, kept a due check upon her sym- ence the Canadian ministry sent to Washpathies, so that even Mr. Caleb Cushing * ington one of the ablest public men of the was unable to detect a flaw in her conduct. Dominion
-a man especially versed in In this, however, as in many other nego- matters of trade and financé — with the tiations with the United States, Canada felt object of arranging, if possible, a measure she must make sacrifices for the empire, of reciprocity with the United States. Mr. whose government wished all causes of George Brown was quite ready, presumirritation between England and the United ably with the assent of his government, States removed as far as possible by the not only to revive the old Reciprocity treaty: One important feature of this Treaty but to extend its terms largely so commission was the presence, for the first as to admit various other articles free of time in the history of treaties, of a Cana. duty into Canada ; but the proposed ardian statesman. The astute prime minis.
Arts xviii.-xxi. Art xxix., allowing goods to pass • He was one of the counsel for the United States at | in bond through the two countries, was not repealed in the Geneva Conference for the settlement of the Ala- express terms when the fishery articles were terminated,
but has ever since remained in force.
- a measure
rangement never passed the Senate of the passed a measure before the presidential United States. With the expiry of the election of 1888, which, had it ever been Treaty of 1871 on the ist of July, 1885, carried out by the president, meant non-inthe relations between Canada and the tercourse with the Dominion United States again assumed a phase of which may have resulted in consequences great uncertainty. President Cleveland to both countries we do not like to cooshowed every disposition, until near the sider for a moment. It would be well to close of his administration, to come to remind the politicians in Congress that some satisfactory adjustment of the ques- such measures are often like the Austration at issue, and suggested in one of his lian boomerang, and the experience of the messages that it was "in the interests of non-intercourse acts that preceded the good neighborhood and commerce,” that war of 1812 can hardly sanction a repetia commission should be "charged with tion of such a policy in these later times. the consideration and settlement, upon a The repeal of the bonding system and injust, equitable and honorable basis, of the terference with the transportation facilientire question of the fishing rights of the ties of Canadian railways could hardly two countries." Canada from 1885 ad- benefit the commerce of the United States, hered to the letter of the Convention of whatever might be the effect of such an 1818, and allowed no fishing vessels to unwise policy on Canada itself. fish within the three miles' limit, to tran- Both President Cleveland and Mr. Sec. ship cargoes of fish in her ports, or to retary Bayard, in a statesmanlike spirit, enter them for any purpose except for obtained the consent of England to a speshelter, wood, water, and repairs. For the cial commission to consider the fishery infractions of the treaty several vessels question ; Sir Sackville West, Mr. Joseph were seized, and more than one of them Chamberlain, and Sir Charles Tupper condemned. A clamor was raised in the represented England; Mr. Bayard, then United States on the ground that the Ca- secretary of state, Mr. Putnam of Maine, nadians were wanting in that spirit of and Mr. Angell of Michigan University, friendly intercourse which should charac- represented the United States. Sir terize the relations of neighboring peo- Charles Tupper, the present high com. ples. The fact is, the Canadians were missioner of Canada in London, is one of bound to adhere to their legal rights — the ablest statesmen of the Dominion, and rights which had been always maintained as a Nova Scotian was specially qualified before 1854; which had remained in abey- to guard Canadian interests. At the openance between 1854 and 1866; which ing of the commission, he attempted to naturally revived after the repeal of the obtain a basis of action on the general Reciprocity Treaty of 1854; which again proposition which he submitted, that remained in abeyance between 1871 and with a view of removing all clauses of 1885; and were revived when the United difference in connection with the fisheries, States themselves chose to go back to the the fishermen of both countries shall have terms of the Convention of 1818. The all the privileges enjoyed during the exCanadian people had again and again istence of the fishery clauses of the Washshown every disposition to yield a large ington Treaty of 1871, in consideration portion of their just rights — first by the of a mutual arraogement providing for Treaty of 1854, and secondly by the greater freedom of commercial intercourse Treaty of 1871 - in return for a substan- between the United States and Canada.” tial commercial arrangement and a due The United States commissioners refused acknowledgment of the value of their fish- to consider the proposition, on the ground eries; but they were not prepared to see that such a measure of commercial inter. their territorial waters recklessly and un- course “would necessitate an adjustment lawfully invaded by a class of men, who, of the present tariff of the United States since 1783, seemed to consider they had by Congressional action; which adjusta perfect claim to the Canadian fishing- ment the American plenipotentiaries congrounds. If there was a system of gov- sider to be manifestly impracticable of ernment in the United States, such as accomplishment through the medium of a exists in England and Canada, requiring treaty under the circumstances now exist. unity of action between the legislative and ing. However the commissioners agreed executive authorities, perhaps we would unanimously to a treaty which was essennot have to record such unsatisfactory tially a compromise, as, indeed, all such results as followed President Cleveland's treaties must be in the nature of things. efforts to adjust satisfactorily the relations Foreign fishermen were to be at liberty to of his country with Canada. Congress i go into any waters where the bay was