DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 633 



renunciation sentences, which are the last sentences of the first article, 

 for which stipulation in the treaty of 1818, a new positive stipulation 

 was substituted and inserted in the Treaty of 1854, which last-named 

 treaty might, in accordance with its terms, have been in force in- 

 definitely. 



The first article of the treaty of 1818, which has been the cause of 

 such unnumbered international differences and disputes, is in these 

 words : 



\Yhereas differences have arisen respecting the liberty claimed by the United 

 States, for the inhabitants thereof, to take dry and cure fish on certain coasts, 

 hay*, harbour -ts, and creeks of His Britannic Majesty's dominions in America, it 

 is agreed between the high contracting parties that the inhabitants of the said 

 United States shall have, for ever, in common with the subjects of His Britan- 

 nic Majesty, the liberty to take fish of every kind 



1. On that part of the southern coast of Newfoundland, which extends from 

 Cape Ray to the Rameau Islands, on the western and northern coasts of New- 

 foundland from the said Cape Ray to the Quirpon Islands; 



2. On the shores of the Magdalen Islands; 



3. And also on the coasts, bays, harbours and creeks from Mount Jolly, on the 

 southern coast of Labrador, to and through the Straits of Belle Isle, and thence 

 northwardly indefinitely along the coast, without prejudice, however, to any 

 of the exclusive rights of the Hudson Bay Company. 



And that the American fishermen shall also have liberty for ever 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 Lab- 

 rador; 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 for ever any liberty heretofore en- 

 joyed 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-men- 

 tioned limits. 



Provided, however, that the American fishermen shall be permitted to enter 

 such bays or harbours (1) for the purpose of shelter and (2) of repairing dam- 

 ages therein; of (3) purchasing wood and (4) 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. 



That article does not allude to, or attempt to interfere with, our 

 rights in the open sea, on the banks, or in the gulf, which were con- 

 firmed by the concession of the independence of the thirteen States. 

 It refers only to the liberty claimed and recognised by the treaty of 

 1783, " on certain coasts, bays, harbours and creeks." It begins by a 

 recital that differences have arisen respecting the " liberty " claimed 

 by American fishermen in those places. It neither mentions nor 

 alludes to any differences about fishing on the high seas. It stipulates 

 that American fishermen may fish on certain specified coasts, bays, 

 harbours, creeks, and shores, and may dry and cure fish in certain 

 unsettled bays, harbours and creeks, and especially dry and cure on 

 the coasts of Newfoundland, which last the treaty of 1783 did not 

 embrace. The United States "renounces" any "liberty" to take, 

 dry, or cure fish within three miles of any other coasts, bays, creeks, 

 or harbours than those specified in the article, but the sentence of 

 renunciation contains a stipulation that the American fishermen may 

 enter " such bays or harbours " for four specified purposes. " and for 

 no other purpose whatever," under such restrictions as may be neces- 

 sary to prevent fishing, drying, or curing " therein" 



