756 APPENDIX TO BRITISH CASE. 



Senate shall declare that the treaty is sent to the Senate by 

 452 the President and is duly signed and authenticated, or if no 

 objection to it on that ground is made, then the subject- 

 matter of the treaty is in order and should be considered by the 

 Senate. 



It is not disputed, or, so far as the undersigned are informed, 

 doubted, by anyone that the Senate may accept and ratify, on the 

 part of the United States, any treaty that the President has made 

 with a foreign Government, that he sends to the Senate for con- 

 sideration, and may waive any informality attending its negotiation. 



In accepting the paper sent to the Senate by the President as a 

 treaty, and by referring the same to its committee, the Senate have 

 virtually waived any informality, if there is any, in the negotiation 

 and signing of the instrument, and the undersigned conceive that 

 the whole duty of the committee was to consider and report upon the 

 merits of the treaty. 



The undersigned will, therefore, present their views upon the sub- 

 stance of the treaty, first, and will then state the reasons that force 

 them to the conclusion that there can be no just ground for the re- 

 jection of the treaty, growing out of the manner of its negotiation. 



If it is better for the country that the treaty should be ratified, the 

 rejection of it for matters that are merely formal or technical, in so 

 grave an emergency as is now presented in connection with this old 

 and harassing controversy, would be a serious injury to the country. 



The undersigned believe that it is better for our country that the 

 treaty should be ratified, and they are equally convinced that the en- 

 tire class of our people who are actively engaged in our North Atlan- 

 tic fishing industry will be benefited by its ratification. 



The first article of the treaty of 1818 is as follows : 



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 Rameau 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 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 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 

 iish 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 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-mentioned limits: Provided, 

 however, that the American fishermen shall be admitted to enter such bays or 

 harbours for the purpose of shelter and of repairing damages therein, of pur- 

 chasing 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 other manner whatever abusing 

 the privileges hereby reserved to them. 



