Portland gazette and Maine advertiser., 1815-04-24

G+ca. Britain and OF her coioniSs, now
the United States, anterior TO, and at the
time Of framing the treaty, of 1888, as
we'll as the terms of that treaty, and Q!
the trsa.y Of 1914, mul be rightly un
deritood. Before the trsa.y Of 1888 ths
country comprchended within the liasfts
of the United States, together with the
relt Of the Britiih dominionss conititntcd
one empire, one nation. s'he diferent
parts of that empire and nation. poileiicd
equal and the fame rights TO the enjoy
| ment of The Elhcries in queiticn. Our
declaration Of independence, and the
war TO obtain in no wife varied the
rights Of the parties until that war was
terminated by the treaty of 1883, Tbs
6fheries were The common property OF
the Britilh empire, and arays were un
til that tine held and uird in commoa,
by the different parts OF il 6 There are
things which in their own nature cannot
be poGaGed there are others the prop
erty of which nobody can attribute 70
himfclf, and that remain in common
when the nation takes poh. iIion of a
country. The Roman civilians called
thefe res canm,ues, things common, fnch
were among them the air running wntey,
the Jsa, the f@ and the wild bcails !" "a
/" Every thing fuiccptible of property is
confdered to belong to the nation THAI
poReles the country those not diriied
between particular communities, or a.
mong the individuals of nation, are
called publick property. Some are re-
ferved for ths necef1ities of the fate, and
form the damaia of the republicks, and
others remain common TO all the citizens,
who take advantage Of them each accor-
ding to his neceitiiies, or according 70
the laws which regulate their ule, and
iheie are called common properly" [dJ
" When d nation in abody takes pciei.
lion of country, every thing that is not
divided among ass membe,s, remains
| common to the whole nation" [cl" IAe
varioas uses OF the lea near It's coat,
reDdes it very iufceptlbie OF prop rty
People there hlh, 4c.--io that the. nA-
| ton 10 whomihc COATS belong, may d.
proprlaie 30 itftlf an adgautagr which il
is cooiidered as having taken poaa aiIion OF
and make profi' of j: in the iame manner
as il my pofeis the domains Of the land
it inhablts 'Edl
Its nneceilary further torrr,ark on
the panages above, than to fay, that By
the principles in them contained the fiji
cries in queftion having Seen taken poflef
tion OF by treBritiih nation at an cary pc
riod alter the iettlement of ,hiscounuy,
were the coninon property of it, until
the treaty of 1888; all parts alike uiing
them in common with equai right
That treatyis without precedent. II is
very unlikr any extant, in the records CT
moderation. 1t is not treaty Of peace
between two nations, before independent
and fovrreign bus a treaty Of 3arItinl,
between the inhabitants OF two paris oil
great empire, before forming one ma :
tion. By that trea,y or compact, after
the recognition OF the independence of
the United States, and defcri5ing their
boundaries upon the land, It was agreed
that the v. o.atcs lhoutd ccntinus 10 en-
JOY. the right to take hfh of every kind !,
on the Grand bank, and all other banks
OF Newfoundland, aifo in the Gulph of
6t., Lawrence and at all o.ksr places in
the fcs, where the inhabitants of both
countries uf-d at any time, heretofore
TO fifh and alto that the inhabi ants OF
The u. States fhall have liberty to take
6fh of every kind, on fuch part of the
coat of Newfoundland as Brililh filher.
men ihall ufs (bus nor TO dry or ufe the
fame on that liiand) as alto on the coaas,
bays aud creeks, OF all other Of his Brit.
anick Majray's dominions in America,
and the American fiihermen fhall have
liberty TO dry anu cure fiih, in any Of the
unfe,tled bays, harbours and creeks, Of
Nova Scotia, Magdalen iaands & Labras
dor, 70 long as the fame or either them
fhall be feltled, it ihall not be lawful fur
faid fifhermen to dry and cure gilh at
fuch ietrlement, without previous agree
men, for that purpole, with the iuhabit
ants, propristcrs or plfs ao's Of the
ground"
This article recognizes an antecedent
and at the date Of the treaty, an exiting
right ia the Inhabitants OF the u. States,