When America won it's independence, Article III of the Treaty of Paris gave the people of the United States the the "unmolested "right" to fish the banks of Newfoundland, as well as the Gulf of St. Lawrence and Nova Scotia. In addition, the American fisherman were granted the "liberty" to take fish of every kind off the coast of Newfoundland, and the "liberty" to dry and cure the fish in any of the unsettled, bays harbors and creeks so long as the area remained unsettled. While the American fisherman had the "unmolested right" to fish in the open seas, they were only granted the "liberty", that is a freedom from interference to fishing off the coasts and use of the the unsettled lands for drying and curing of the fish.
Article 3, Paris Peace Treaty of 1783
It is agreed that the people of the United States shall continue to enjoy unmolested the right to take fish of every kind on the Grand Bank and on all the other banks of Newfoundland, also in the Gulf of Saint Lawrence and at all other places in the sea, where the inhabitants of both countries used at any time heretofore to fish. And also that the inhabitants of the United States shall have liberty to take fish of every kind on such part of the coast of Newfoundland as British fishermen shall use, (but not to dry or cure the same on that island) and also on the coasts, bays and creeks of all other of his Brittanic Majesty's dominions in America; and that the American fishermen shall have liberty to dry and cure fish in any of the unsettled bays, harbors, and creeks of Nova Scotia, Magdalen Islands, and Labrador, so long as the same shall remain unsettled, but so soon as the same or either of them shall be settled, it shall not be lawful for the said fishermen to dry or cure fish at such settlement without a previous agreement for that purpose with the inhabitants, proprietors, or possessors of the ground.
When the War of 1812 broke out, Great Britain did not deny the right of American fisherman to fish in the open seas, but they took away the liberty to fish off the coast, or use them for the drying and curing of fish. They argued, that while "rights" were to be enjoyed by virtue of being an independent nation, "liberties" were dependent upon the existence of the treaty being in full-force. Even when the war was ended, and the Treaty of Ghent was signed on December 24, 1814, the British government continued to withhold these liberties from American fisherman. In 1814, England declared that American fisherman were excluded from the "liberty" of fishing within one marine league off of British shores in North America, and from drying and curing fish on the unsettled areas of her territories. This was a major blow to the American Fishing industry in the Northeast.
In December 1817, the negotiations to secure the liberty of American fishermen were still in negotiations, when president James Monroe's used his first State of the Union Address, to urge Congress to consider what actions could be taken against Great Britain to help push the negotiations along, and to secure the "rights" of American fisherman. It is interesting to note, that Monroe used the word "right" here, not "liberty". Monroe stated that the Treaty of 1783 secured the right to fish off the British coast, not the liberty. Perhaps, he used these words interchangeably, or perhaps it was an intentional replacement. Nevertheless, James Monroe wanted America to flex it's muscles, and as an independent nation secure the right, not just the liberty to fish off the British coasts in North America.
"The difference which arose between the two Governments under that treaty respecting the right of the US to take and cure fish on the coast of the British provinces north of our limits, which had been secured by the treaty of 1783, is still in negotiation. The proposition made by this Government to extend to the colonies of GB the principle of the convention of London, by which the commerce between the ports of the United States and British ports in Europe had been placed on a footing of equality, has been declined by the British Government. This subject having been thus amicably discussed between the two Governments, and it appearing that the British Government is unwilling to depart from its present regulations, it remains for Congress to decide whether they will make any other regulations in consequence thereof for the protection and improvement of our navigation."On October 20, 1818 President James Monroe signed the Convention of 1818 with the United Kingdom of Great Britain and Ireland resolving boundary issues between the two nations and securing fishing liberties for American fisherman along Newfoundland and Labrador. This time, the "liberty" was granted "for ever".
portion of Article 1, Convention of 1818After signing the Convention or Treaty, Monroe opened his second State of the Union address with additional words on the Convention. Monroe stated that a proposal to enter into a treaty with Great Britain was well received, and that a period of negotiations were opened at London embracing "all these objects". Besides opening areas to fishing and the drying of fish, the two nations also agreed to a boundary line at the 49th parallel north. According to Monroe the convention would be continued for a term "not less than eight years".
"the Inhabitants of the said United States shall have for ever, in common with the Subjects of His Britannic Majesty, the Liberty to take Fish of every kind on that part of the Southern Coast of Newfoundland which extends from Cape Ray to the Rameau Islands, on the Western and Northern Coast of Newfoundland, from the said Cape Ray to the Quirpon Islands on the Shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador, to and through the Streights of Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Company: and that the American Fishermen shall also have liberty for ever, to dry and cure Fish in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the Coast of Newfoundland hereabove described, and of the Coast of Labrador"
"As the term limited for the operation of the commercial convention with Great Britain will expire early in the month of July next, and it was deemed important that there should be no interval during which that portion of our commerce which was provided for by that convention should not be regulated, either by arrangement between the two Governments or by the authority of Congress, the minister of the United States at London was instructed early in the last summer to invite the attention of the British Government to the subject, with a view to that object. He was instructed to propose also that the negotiation which it was wished to open might extend to the general commerce of the two countries, and to every other interest and unsettled difference between them in the hope that an arrangement might be made on principles of reciprocal advantage which might comprehend and provide in a satisfactory manner for all these high concerns.
I have the satisfaction to state that the proposal was received by the British Government in the spirit which prompted it, and that a negotiation has been opened at London embracing all these objects. On full consideration of the great extent and magnitude of the trust it was thought proper to commit it to not less than two of our distinguished citizens, and in consequence the envoy extraordinary and minister plenipotentiary of the United States at Paris has been associated with our envoy extraordinary and minister plenipotentiary at London, to both of whom corresponding instructions have been given, and they are now engaged in the discharge of its duties. It is proper to add that to prevent any inconvenience resulting from the delay incident to a negotiation on so many important subjects it was agreed before entering on it that the existing convention should be continued for a term not less than eight years."
http://www.presidency.ucsb.edu/ws/index.php?pid=29459
http://www.presidency.ucsb.edu/ws/index.php?pid=29460
Congressional Series of United States Public Documents, Volume 2501 pg.13-14
http://avalon.law.yale.edu/18th_century/paris.asp
https://en.wikipedia.org/wiki/Treaty_of_1818
http://avalon.law.yale.edu/19th_century/conv1818.asp
https://upload.wikimedia.org/wikipedia/commons/a/a3/Atlantic_cod.jpg
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