54 REPORT OF THE COMMISSIONER OF FISHERIES. 



Southern Coast of Labrador, to and throngli the Straits 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 Ameri- 

 can fishermen shall have liberty forever, 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; but so soon 

 as the same or any portion thereof, shall be settled it shall not be lawful for the 

 said Fishermen to dry or cure Fish at such Portion so settled, without previous 

 agreement for such purpose with the Inhabitants, Proprietors, or Possessors of 

 the ground. And the United States hereby renounce forever, any Liberty, here- 

 tofore enjoyed or claimed by the Inhabitants thereof, to take, dry or cure Fish 

 on, or within three marine Miles of any of the Coasts, Bays, Creeks or Harbours 

 of His Britannic Majesty's Dominions in America not included within the above- 

 mentioned limits: Provided, however, that the American Fishermen shall be ad- 

 mitted to enter such Bays, or Harbours for the purpose of Shelter and of repair- 

 ing Damages therein, or purchasing Wood, and of obtaining Water, and for no 

 other purpose whatever. But they shall be under such restrictions as may be 

 necessary to prevent their taking, drying or curing Fish therein, or in any other 

 manner whatever abusing the Privileges hereby reserved to them. 



"V\Tiile the object of this treaty was the clear definition of the rights 

 of United States fishermen on the coasts of Canada and Newfound- 

 land, it afterwards transpired that those rights were still unsettled 

 and uncertain ; and for over 90 years this matter remained a source of 

 annoyance, contention, bad feeling, and conflict, until the responsible 

 authorities of the two nations chose an opportune time and arranged 

 for the settlement that happily has now been consummated. 



The arbitration proceedings began at The Hague on June 1, 1910, 

 and continued until September 7, 1910, when the award was an- 

 nounced. The court, by agreement, consisted of five members of the 

 permanent court of arbitration at The Hague; and to it were sub- 

 mitted for final decision the following questions, which covered all the 

 main points in dispute : 



Question 1. To what extent are the following contentious or either of them 

 justified? 



It is contended on the part of Great Britain that the exercise of the liberty to 

 take fish referred to in the said article, which the inhabitants of the United 

 States have forever in common with the subjects of His Britannic Majesty, is 

 subject, without the. consent of the United States, to reasonable regulation by 

 Great Britain, Canada, or Newfoundland in the form of municipal laws, ordi- 

 nances, or rules, as, for example, to regulations in respect of (1) the hours, 

 days, or seasons when fish may be taken on the treaty coasts; (2) the method, 

 means, and implements to be used, in the taking of fish or in the carrying on of 

 fishing operations on such coasts; (3) any other matters of a similar character 

 relating to fishing; such regulations being reasonable, as being, for instance — 



(c) Appropriate or necessary for the protection and preservation of such 

 fisheries and the exercise of the rights of British subjects therein and of the 

 liberty which by the said Article I the inhabitants of the United States have 

 therein in common with British subjects ; 



(6) Desirable on grounds of public order and morals; 



