652 APPENDIX TO BRITISH CASE. 



possessions in the West Indies and on the continent of North America 

 should not be affected by any of the provisions of that article, but 

 that each party should remain in complete possession of its rights 

 with respect of such intercourse. 



No other article of the treaty touched the question of intercourse 

 between the United States and His Majesty's dominions in North 

 America. 



The next treaty bearing upon the present question was that of 

 1818, which is now understood to regulate so far as it goes, fishing 

 interests of whatever kind of the citizens of the United States in the 

 territorial waters of the British dominions in North America. 



All of this treaty that bears directly upon the present subject is 

 contained in article I which is in the following words: 



Whereas differences have arisen respecting the liberty claimed by the United 

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

 bays, harbours 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 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 Kameau 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, harbours and creeks, from Mount Joly, 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's 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 above 

 described, and of the coast of I^ibrador; but so soon as the same, or any por- 

 tion 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 heretofore enjoyed or claimed 

 by the inhabitants thereof to take, dry or cure fish on or within 3 marine miles 

 of any of the coasts, bays, creeks or harbours of His Britannic Majesty's domin- 

 ions in America not included within the above-mentioned limits: Provided, how- 

 ever, that the American fishermen shall be permitted to enter such bays or harbours 

 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, 

 390 drying or curing fish therein, or in any other manner whatever abusing 

 the privileges hereby reserved to them. 



This article sets out with stating the precise subject with which it 

 has to deal, viz., that differences have arisen respecting the liberty 

 claimed by the United States for the inhabitants thereof to take, dry 

 and cure fish on certain coasts, bays, harbours and creeks of His 

 Britannic Majesty's dominions in America. 



Thus it will be seen that the matter to be dealt with was a claim in 

 favour of the inhabitants of the United States to do certain things 

 within the territorial dominion of His Majesty, and not a matter 

 touching the right of the inhabitants of the United States to cruise, 

 fish or do any other thing in waters that by the public law of nations 

 did not belong to the territorial jurisdiction of His Majesty. The 

 matter to be dealt with being, then, simply that affecting American 

 fishermen coming within the territorial dominion of His Majesty, it 

 was provided that Americans might fish on that part of the southern 

 coast of Newfoundland which extends from Cape Ray to the Ramoau 

 Islands; and on the western and northern coast of Newfoundland 



