608 APPENDIX TO BRITISH CASE. 



[Mr. Bayard's Proposal for Settlement enclosed in above.] 



PROPOSAL FOR SETTLEMENT OF ALL QUESTIONS IN DISPUTE IN RELATION 

 TO THE FISHERIES ON THE NORTH-EASTERN COASTS OF BRITISH NORTH 

 AMERICA. 



Whereas in the first Article of the Convention between the United 

 States and Great Britain, concluded and signed in London on the 

 20th of October, 1818, it was agreed between the high contracting 

 parties "that the inhabitants of the 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 Kay to the Rameau 

 Islands, on the Avestern and northern coast of Newfoundland, from 

 the said Cape Ray to the Quirpon Islands, on the shores of the Mag- 

 dalen Islands, and also on the coasts, bays, harbors, and creeks, from 

 Mount Joly on the southern coast of Labrador to and through the 

 Straits of Belleisle; and thence northwardly indefinitely along the 

 coast, without prejudice, however, to any of the exclusive rights of 



the Hudson's Bay Company; and that the American fisher- 

 363 men 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 fhe 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 



f round ;" and was declared that " the United States hereby renounce 

 orever any liberty heretofore 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 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 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;" and whereas differences have 

 arisen in regard to the extent of the above-mentioned renunciation, 

 the Governments of the United States and Her Majesty the Queen of 

 Great Britain, being equally desirous of avoiding further misunder- 

 standing, agree to appoint a mixed commission for the following 

 purposes, namely : 



(1) To agree upon and establish by a series of lines the limits 

 which shall separate the exclusive from the common right of fishing 

 on the coasts and in the adjacent waters of the British North Ameri- 

 can colonies, in conformity with the first Article of the Convention of 

 1818, except that the bays and harbors from which American fisher- 

 men are in the future to be excluded, save for the purposes for which 

 entrance into bays and harbors is permitted by said article, are hereby 

 agreed to be taken to be such bays and harbors as are ten or less than 

 ten miles in width, and the distance of three marine miles from such 

 bays and harbors shall be measured from a straight line drawn across 



