568 CORRESPONDENCE, ETC. 



At the seventh conference held on the 13th October, 1818, the 

 British plenipotentiaries submitted a second counter project, con- 

 forming with the views and free from the obligations presented by 

 Messrs. Gallatin and Rush, and this project being agreed to con- 

 stituted the 1st Article of the convention, as follows: 



" Whereas diil'erences have arisen respecting the liberty claimed by 

 the United States for the inhabitants thereof to take, dry, and cure 

 fish on certain coasts, bays, harbors and creeks of his Britannic 

 Majesty's dominions in America, it is agreed between the high con- 

 tracting parties that the inhabitants of said United States shall have 

 forever 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 Ramea 

 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, harbors and creeks, 

 from Mount Joly, on the southern coast of Labrador, and through 

 the Straits of Belle Isle, and thence northwardly, indefinitely, 

 along the coast, without prejudice, however, to any of the exclu- 

 sive rights of the Hudson's Bay Company; and that the Ameri- 

 can fishermen shall also have liberty forever to dry and cure fish 

 in any of the unsettled bays, harbors, and creeks of the southern 

 part of the coast of Newfoundland, here above 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 fisher- 

 men to dry or cure fish at any such portion so settled, without pre- 

 vious agreement for such purpose with the inhabitants, proprietors, 

 or possessors of the ground ; and the United States hereby renounce 

 forever any liberty heretofore enjoyed or cliamed by the inhabit- 

 ants thereof to take, dry or cure fish, on or within three marine 

 miles of any of the coasts, bays, creeks, or harbors of his Britannic 

 Majesty's dominions in America, not included within the above 

 mentioned limits; Provided, however, That the American fishermen 

 shall be admitted to enter such bays or harbors for the purpose of 

 shelter, and of repairing damages therein, of 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 manner whatever 

 abusing the privileges hereby reserved to them." 



The differences which have heretofore arisen between the United 

 States and Great Britain touching the exercise of the rights and 

 liberties secured to American fishermen, may be classed under two 

 principal heads: 



1. As to the construction of the renunciatory clause of the con- 

 vention. 



Under this clause Great Britain has contended that no American 

 fishermen have the right to fish within three marine miles of the 

 entrance to any " bay," which " from its geographical position may 

 be properly considered as included within British possessions," and 

 that the entrance to such bay must be designated by a line drawn 

 from headland to headland. In support of this construction it has 

 been urged that " if the convention was intended to stipulate simply 

 that American fishermen should not take fish within three miles of 

 the coast, there was no occasion for using the word ' bay ' at all, but 



