INTRODUCTION. 



The treaty between Great Britain and the United States, to be 

 interpreted by this Tribunal, was concluded on the 20th October, 

 1818. It is thought desirable, however, to submit a brief statement 

 as to the position of the British American colonies at the time of 

 the war of independence (terminated by the treaty of 1783), and a 

 short chronological summary of the more material subsequent inci- 

 dents, in order to enable the Tribunal better to appreciate the ques- 

 tions which are presented for their decision. 



POSITION BEFORE 1783. 



British American Colonies. Prior to the 4th July, 1776, Great 

 Britain possessed upon the American continent seventeen colonies. 

 On that date the thirteen southern colonies declared their inde- 

 pendence, and afterwards became the United States of America. 

 The four northern colonies Newfoundland, Nova Scotia, St. John's 

 Island (now known as Prince Edward Island), and Quebec (after- 

 wards Upper and Lower Canada) adhered to the United Kingdom. 

 The questions involved in the present reference relate to liberties 

 claimed within the territorial waters, or on the land, of these colonies; 

 and it is material to call attention to some points in their history. 



Newfoundland. The ownership of Newfoundland was, at one 

 time, a matter of dispute between Great Britain and France; but by 

 the treaty of Utrecht, in 1713, France ceded all her claims to Great 

 Britain, subject to the following clause (App., p. 7) : 



Moreover, it shall not be lawful for the subjects of France to fortify 

 any place in the said Island of Newfoundland, or to erect any build- 

 ings there, besides stages made of boards, and huts necessary and 

 usunl for drying of fish: or to resort to the said island, beyond 

 5 the time necessary for fishing and drying of fish. But it shall 



be allowed to the subjects of France to catch fish, and to diy 

 them on land, in that part only, and in no other besides that, of the 

 said Island of Newfoundland, which stretches from the place culled 

 Cape Bonavista to the northern point of the said island, and from 

 thence, running down by the western side, reaches as far as the place 

 called Point Riche. 



Nova Scotia. By the same treaty of Utrecht (1713), France ceded 

 to Great Britain " Nova Scotia, or Acadie, with its ancient bounda- 

 ries." A question as to whether these boundaries did, or did not, 

 92909 S. Doc. 870, 61-3, vol. 4 2 5 



