12 COUNTER CASE OF THE UNITED STATES. 



lations. between Great Britain and France relating to fisheries, which 

 were in force during the period under consideration. 



Contemporaneously with the negotiations for the treaty of peace 

 between the United States and Great Britain in 1782, negotiations 

 for a treaty of peace between Great Britain and France were being 

 carried on ; and the respective treaties of peace which resulted from 

 these negotiations were both signed on September 3, 1783. 



Prior to that time the rights of France in the North Atlantic coast 

 fisheries rested on and were defined by the provisions of Article XIII 

 of the treaty of Utrecht (1713), and Article V of the treaty of Paris 

 (1763), which were as follows: 



ARTICLE XIII OF THE TREATY OF UTRECHT. 



The Island called Newfoundland, with the adjacent Islands, shall, 

 from this time forward, belong of right wholly to Britain; and to 

 that end the Town and Fortress of Placentia, and whatever other 

 places in the said Island are in the Possession of the French, shall 

 be yielded and given up, within 7 months from the exchange of the 

 ^Ratifications of this Treaty, or sooner if possible, by the Most Chris- 

 tian King, to those who have a Commission from the Queen of Great 

 Britain for that purpose. Nor shall the Most Christian King, His 

 Heirs and Successors, or any of their Subjects, at any time hereafter 

 lay claim to any right to the said Island and Islands, or to any part 

 of it or them. 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 buildings there, besides stages made of boards, and huts 

 necessary and usual for drying of fish ; or to resort to the said Island 

 beyond the time necessary for fishing and drying of fish. 



But it shall be allowed to the Subjects of France, to catch fish and 

 to dry them on land, in that part only, and in no other besides that, 

 of the said Island of Newfoundland, which stretches from the place 

 called 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 Blche. But the Island called Cape Breton, 

 as also all others, both in the mouth of the River of St. Lawrence, 

 and in the Gulph of the same name, shall hereafter belong of right 

 to the French; and the Most Christian King shall have all manner 

 of liberty to fortify any place or places there. 



ARTICLE V OF THE TREATY OF PARIS. 



The Subjects of France shall have the liberty of Fishing and Dry- 

 ing, on a part of the coasts of the Island of Newfoundland, such as 

 it is specified in Article XIII of the Treaty of Utrecht; which 

 Article is renewed and confirmed by the present Treaty, (except 

 what relates to the Island of Cape Breton, as well as to the other 

 Islands and coasts in the mouth and in the Gulph of St. Lawrence). 



U. S. Case Appendix, p. 51. 



