428 NEW ENGLAND FISHERIES 



to the Bay of Fundy considered as a whole apart from its 

 bays and creeks or as to the innocent passage through the 

 Gut of Canso, which were excluded by the agreement made 

 by exchange of notes between Mr. Bacon and Mr. Bryce 

 dated Februaiy 21st 1909 and March 4th 1909 ; or to Con- 

 ception Bay, which was provided for by the decision of the 

 Privy Council in the case of the Direct United States Cable 

 Company v. The Anglo American Telegraph Company, in 

 which decision the United States have acquiesced. 



QUESTION VI. 



Have the inhabitants of the United States the liberty 

 under the said Article or otherwise, to take fish in the bays, 

 harbours, and creeks on that part of the southern coast of 

 Newfoundland which extends from Cape Ray to Rameau 

 Islands, or on the western and northern coasts of New- 

 foundland from Cape Ray to Quirpon Islands, or on the 

 Magdalen Islands? 



In regard to this question, it is contended by the United 

 States that the inhabitants of the United States have 

 the liberty under Art. I of the Treaty of taking fish in 

 the bays, harbours and creeks on that part of the 

 Southern Coast of Newfoundland which extends from 

 Cape Ray to Rameau Islands or on the western and 

 northern coasts of Newfoundland from Cape Ray to 

 Quirpon Islands and on the Magdalen Islands. It is 

 contended by Great Britain that they have no such 

 liberty. 



Now considering that the evidence seems to show that 

 the intention of the Parties to the Treaty of 1818, as indi- 

 cated by the records of the negotiations and by the subse- 

 quent attitude of the Governments was to admit the United 



