Codfish

History of the Codfish Question

Ever since the success of the Revolution the fishermen of New England had a grievance against the British government and against the colonies which did not revolt. They thought it most unjust that, as successful rebels, they could not enjoy the fishing privileges of the North Atlantic which they had enjoyed as loyal subjects. They wanted to eat their cake and have their penny too. Of course no power on earth could exclude them from the Banks, the great shoals in the open sea, where fish feed by millions; but territorial waters were another matter. By the law of nations the power of a country extends over the waters which bound it for three miles, the range of a cannon shot, as the old phrase runs. Now it is precisely in the territorial waters of the British American provinces that the vast schools of mackerel and herring strike.

To these waters American fishermen had not a shadow of a right; but Yankee ingenuity was equal to the difficulty and proposed the question, Where does the three-mile limit extend? The American jurists and diplomats insisted that it followed all the sinuosities of the shore. If admitted, this claim would give American fishermen the right of entrance to huge British bights and bays full of valuable fish. The Canadian contention was that the three-mile limit ran from headland to headland, thus excluding the Americans from fishing within the deeper indentations of the coast-line. By the treaty of 1818 the Americans were definitely excluded from the territorial waters, but still they poached on Canada’s preserves. It was maddening to Nova Scotians to see aliens insolently hauling their nets within sight of shore and taking the bread from their mouths.

The Americans applied the headland to headland rule to their own territorial waters; no ‘Bluenose’ fisherman could venture into the Chesapeake; but for the ‘Britishers’ to insist on the same rule was another matter. In 1852 the constant clash of interests almost led to war; for Britain backed up the just complaints of her colonies by detaching a force of six cruisers to protect our fisheries and stop the poachers, and the American government also sent ships to protect their fishermen. There was no further action, beyond a recommendation in the President’s message to Congress that the whole matter should be settled by treaty. (1)

Resources

Notes

1. Archibald MacMechan, “Popular Govrerment. A Chronicle of the Union of 1841” (1916), Toronto, Glasgow, Brook and Company

See Also

Law is our Passion

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This entry was last updated: October 29, 2016