APPENDIX 419 



But the Tribunal is unable to agree with this contention : 

 (a) Because the term "liberty to fish' was used in the 

 renunciatory clause of the Treaty of 1818 because the same 

 term had been previously used in the Treaty of 1783 which 

 gave the liberty ; and it was proper to use in the renuncia- 

 tion clause the same term that was used in the grant with 

 respect to the object of the grant ; and, in view of the 

 terms of the grant, it would have been improper to use the 

 term "right' in the renunciation. Therefore the conclu- 

 sion drawn from the use of the term * * liberty ' ' instead of 

 the term "right' is not justified; 



(&) Because the term "liberty' was a term properly 

 applicable to the renunciation w r hich referred not only to 

 fishing in the territorial waters but also to drying and 

 curing on the shore. This latter right was undoubtedly 

 held under the provisions of the Treaty and was not a right 

 accruing to the United States by virtue of any principle of 

 International law. 



3. The United States also contend that the term "bays 

 of His Britannic Majesty's Dominions' in the re- 

 nunciatory clause must be read as including only 

 those bays which were under the territorial sov- 

 ereignty of Great Britain. 



But the Tribunal is unable to accept this contention : 

 (a) Because the description of the coast on which the 

 fishery is to be exercised by the inhabitants of the United 

 States is expressed throughout the Treaty of 1818 in geo- 

 graphical terms and not by reference to political control; 

 the Treaty describes the coast as contained between capes; 

 (6) Because to express the political concept of domin- 

 ion as equivalent to sovereignty, the word "dominion' in 

 the singular would have been an adequate term and not 

 "dominions" in the plural; this latter term having a rec- 



