junction of the American canals with the water-way, and had either to return to Canada, or tranship their cargoes into American vessels.* In 1874, Canada's further efforts to promote friendly Canada's and reciprocal trade relations with the United States efforts to promote friendly resulted in a Draft Treaty being settled by the late Sir relations with U. S., 1874. E. Thornton and the late Hon. George Brown, on behalf of Great Britain, and the late Hon. Hamilton Fish, on behalf of the United States. It provided for (1) The Concedes concession to the United States of the Canadian in-fishery shore fisheries for twenty-one years, and the aban-abandons donment of the compensation provisions of the Wash- therefor. ington Treaty of 1871. (2) The reciprocal admission, duty free, of certain natural products. (3) The reciprocal admission, duty free, of certain manufactured articles. (4) The enlargement by Canada of the St. Lawrence and Welland Canals. (5) The construction Other proof the Caughnawaga and Whitehall Canals. (6) The visions for reciprocity. reciprocal right of each nation to the coasting trade of the St. Lawrence and the Great Lakes. (7) The reciprocal right of each nation to the use of the Canadian, New York and Michigan Canals. (8) The reciprocal admission of the ships of each nation to registry. (9) A joint commission to secure efficient lighthouses along the inland waters. (10) A joint commission to Brownregulate fishing in the inland waters common to both Thornton Treaty rejectcountries. The draft treaty was accepted by Greated by U. S. Britain and Canada, but was rejected by the Senate of the United States. rights, and compensation * Canada Sessional Papers (1876), No. 111. Subsequently the prohibition was relaxed to the extent of allowing Canadian vessels to proceed as far as Albany, on the Hudson River. Canada in 1888 again offers a friendly policy to the U. S. Joint Commission to delimit bays, etc. Again, in 1888, by another effort to settle the Fishery and other disputes, a Treaty was signed by the Right Hon. Joseph Chamberlain, M.P., Sir L. Sackville-West, and Sir Charles Tupper, on behalf of Great Britain and Canada, and the Hons. Thomas F. Bayard, William L. Putnam, and James B. Angell, on behalf of the United States, which provided: (1) That a joint Commission should be appointed to delimit the bays, creeks, and harbours in which the United States had, in 1818, renounced the liberty to fish. (2) That the three Rules respect- marine mile limit, mentioned in that Treaty, should ing threemile limit. be measured seaward from low-water mark, and that Strait of at bays, creeks and harbours, not otherwise specially provided for in this Treaty, such three marine miles should be measured, seaward, from a straight line drawn across such bay, etc., in the part nearest the entrance, where the width did not exceed ten marine miles.* (3) That in certain specially named bays, etc., the three mile limit should be measured from, and to, specially named points. (4) That the Strait of Canso free to U. S. should be free to all United States fishing vessels. (5) That United States fishing vessels should comply with the usual harbour regulations, but not be bound to report, etc., nor liable for certain specified charges, and should be entitled to certain specified privileges. (6) That certain rules should apply to cases of forfeiture for violation of the fishery laws; and that judgments of forfeiture should be reviewable by the GovernorGeneral. (7) That when the United States should * By the Anglo-French Treaty of 1839, and the Anglo-German Treaty of 1868, bays, inlets and indentations of the coasts of each nation, of the width of ten nautical miles at their entrance, measured from headland to headland, were declared to be territorial, or inland, and closed seas. ports of fish vessels free remove the duty on Canadian fish oils, and fish, and When imthe coverings for the same, the like products should and fish oil to be admitted free into Canada; and United States fish- be free. ing vessels should be free to enter Canadian ports to U. S. fishing purchase provisions, bait, etc., and to tran-ship catch, to enter ship crews, and have other specified privileges. (8) Canadian That Canadian fishing vessels should have on the ports. Atlantic coasts of the United States, all the privileges reserved by the Treaty to United States fishing vessels Treaty. in Canadian waters. An interim modus vivendi was U. S. Senate agreed to, pending the ratification of the Treaty, rejected the Canada adopted the Treaty; * but the Senate of the United States declined to ratify it. Britain's to the U. S. Great Britain's diplomatic policy towards the United Great States has, for many years, been eminently one of con- generosity ciliation and generosity, with a leaning towards an easy optimism, or laissez nous faire, at the 'expense of Canada's territory. Notwithstanding Jay's Treaty of 1794, and the agreement in the unratified Treaty of 1803, previously mentioned, -by the Treaty of 1818, Great Britain ceded to the United States the Canadian Ceding Canadian territory situated between the head waters of the territory. Mississippi and latitude 49°.† By not consulting the reports of Canadian officers, an isolated north-western promontory of about 10,000 acres in the Lake of the * Statutes of Canada (1888), 51 Victoria, c. 30. + The Plenipotentiaries of the United States reported to Congress, on the 14th December, 1782, that Great Britain possessed the country on the Mississippi River to the Lake of the Woods. Sparks's Diplomatic Correspondence, v. 10, p. 119. "About four millions of acres to the west of Lake Superior, being a tract which had always been claimed by Great Britain, went to satisfy the thrifty appetite of the Republic." Canada since the Union of 1841, by J. C. Dent, v. 1, p. 205. Cession at the Woods, twenty-six miles north of the nearest territory Lake of the Woods. Cessions of Canadian territory to the U. S. of the United States on the international boundary line of 49°, was cut off from Canadian territory, and ceded to the United States, by the same Treaty. By the Ashburton Treaty of 1842, about 4,489,600 acres of Canadian lands were transferred to the United States, which the concealed "Franklin's Red Line Revocation Map," of 1782, would have sustained Great Britain's of boundary claim to. By the same Treaty the boundary line 1782, 1783 described in the Treaties of 1782, 1783, and 1814, was in Treaties of and 1814. abandoned, and a strip of Canadian territory, lying between the Connecticut and St. Lawrence riversover 150 miles in length, was alienated from Canada, and ceded to the United States, by moving the original treaty line of latitude 45° north, about three-quarters of a mile, into Canada, increasing to a mile and a half, and then sloping to the true astronomical latitude of 45° at the St. Lawrence River,--because the United States desired to retain the town of Rouse's Point, in Rouse's Point which they had, improvidently, but for hostile purposes, built Fort Chamblee. * Owing to incompleteness in the Joint Commissioners' description of the boundary line of 1822, "a large island in dispute in the passage between Lake Huron and Lake Superior, known as St. George's or Sugar Island, was given to the United States,"† by the same Treaty. Cession of to U. S. * The treaty line of 1814 was removed into Canada 4,326 feet north of the true latitude of 45° at Rouse's Point. Winsor's America, v. 7, p. 180. The Award of the King of the Netherlands had recommended that the treaty line of 45° should be adhered to, but that Great Britain should cede to the United States a semicircular piece of territory, with the fort. North American Boundary Papers (Imp.), 1838, Appendix, pp. 7-15. + Winsor's America, v. 7, p. 180. In 1846, when the little islanders and anti-colonials Canada loses the Oregon had chloroformed the Imperialists, the diplomatic territory. leverage of the United States pried Great Britain and Canada out of several millions of acres in the Oregon territory, together with their British settlers and traders, and a sea coast of about six degrees of latitude on the Pacific Ocean, with good harbours for naval stations. And by Great Britain agreeing to limit, at the instance of the United States, the scope of the reference to the German Emperor in 1871, to only two of the Vancouver channels, Canada was arbitrated out of the Island of San Juan.† And Island of Many diplomatic discussions have taken place about Boundary the boundary lines drawn on Maps during the negotia- on Maps tions for the Treaty of Independence. Mitchell's map of North America (1755) is admitted to have been the one used by the plenipotentiaries. Both groups of Commissioners appear to have drawn boundary lines on the maps sent to their respective Governments. Mr. Oswald transmitted one on the 8th October, 1782, Oswald's Map. which is said to be still in the Public Record Office in London, and has a faint red line drawn on it, between lines drawn in 1782. * Lord Ashburton appears to have imitated Mr. Oswald, in both disparaging and ceding Canadian territory; for in a conversation respecting the Maine boundary dispute in 1843, he stated that "the whole territory we were wrangling about was worth nothing." Greville's Memoirs, Part 2, v. 1, p. 469. And subsequently, in a debate, in 1846, on the question of Great Britain's right to the Oregon territory, he said it was "a question worthless in itself," and that it would be madness to go to war for "nothing but a mere question of honour." Hansard's Debates, v. 84, p. 1119. + An unratified Treaty of 1869 for the settlement of this boundary, contained no limitations. Moore's History and Digest of International Arbitrations, v. 1, pp. 223-31. |