Alexandria Gazette, Commercial And Political

From the Boston Daily Advertiser

Notwithstanding all that has been said relative to our right to a participation in the fishery in the Bays and Rivers of the British provinces, granted by the treaty of 1783, we have never doubted what would be the construction of the British Government of the effect of the late declaration of war. and the silence of the subsequent treaty of Peace, upon that grant. If any doubt ever existed on this subject, it is now completely removed by the following document.

The Fisheries.

To Sir Richard Keats, and to the British Naval Officers on the Halifax station.

Sir. As the treaty of 1815.

Sir. As the treaty

of

which the United States enjoyed

under the 3d article of the peace of 1783, his majesty's government consider it not unnecessary, that you should be informed as to the extent to which those privileges are affected by the omission of any stipulation in the present treaty of the line of conduct which it is in consequence advisable for you to adopt. You cannot but be aware, that the third article of the treaty of peace of 1783, contained two distinct stipulations, the one recognizing the rights which the United States had to take fish upon the high seas, and the other granting to the U. States the privilege of fishing within the British jurisdiction, and of using, under certain conditions, the shores and the territory of his majesty for purposes connected with the fishery; of these, the former being considered permanent, cannot be altered or affected by any change of the relative situation of the two countries, but the other being a privilege derived from the treaty of 1783 alone, was, as to its duration necessarily limited to the duration of the Treaty itself. On the Declaration of War, by the American Government, and the consequent abrogation of the then existing treaties, the United States forfeited, with respect to the Fisheries, those privileges which are purely conventional (and as they have not been renewed by a stipulation in the present treaty) the subjects of the United States can have no pretence to any right to fish within the British jurisdiction, or to use the British territory for purposes connected with the fishery. Such being the view taken of the question of the fisheries as far as relates to the United States, I am commanded by his royal highness the Prince Regent to instruct you to abstain most carefully from any interference with the fishery, in which the subjects of the U. States may be engaged, either on the Grand Bank of Newfoundland, the Gulf of St. Lawrence, or other places in the sea. At the same time you will prevent them, except under the circumstances hereinafter mentioned, from using the British territory for purposes connected with the fishing vessels from bays, harbors, rivers, creeks, and inlets of all his majesty's possessions. In case, however, it should have happened that the fishermen of the United States, thro' ignorance of the circumstances which affect this question, should previous to your arrival, have already commenced a fishery similar to that carried on by them previous to the late war, and should have occupied the British harbours, and formed establishments on the British territory, which could not be suddenly abandoned without very considerable loss, his royal highness the Prince Regent, willing to give every indulgence to the citizens of the United States, which is compatible with his majesty's rights, has commanded me to instruct you to abstain from molesting such fishermen, or impeding the progress of their fishing during the present year, unless they should by attempts to carry on a contraband trade, render themselves unworthy of protection or indulgence you will however not fail to communicate to them the tenor of the instructions which you have received & the view which his majesty's government takes of the question of the fishery, and will, above all, be careful to explain to them that they are not in any future season to expect a continuance of the same indulgence.

Signed,

BATHURST.