QUESTION ONE. 13 



And His Britannic Majesty consents to leave to the Subjects of the 

 Most Christian King the liberty of fishing in the Gulph St. Law- 

 rence, on condition that the Subjects of France do not exercise the 

 said Fishery, but at the distance of 3 leagues from all the coasts 

 belonging to Great Britain, as well those 01 the Continent, as those 

 of the Islands situated in the said Gulph St. Lawrence. And as to 

 what relates to the Fishery on the coasts of the Island of Cape Breton 

 out of the said Gulph, the Subjects of the Most Christian King shall 

 not be permitted to exercise the said Fishery, but at the distance of 

 15 leagues from the coasts of the Island of Cape Breton; and the 

 Fishery on the coasts of Nova Scotia or Acadia, and everywhere 

 else out of the said Gulph, shall remain on the foot of former 

 Treaties. 



In the treaty of peace of 1783 between Great Britain and France 

 these pre-existing fishing rights under the fisheries provisions of 

 the treaties of Utrecht and Paris above quoted, were dealt with, as 

 follows : 



IV. His Majesty the King of Great Britain is maintained in his 

 right to the Island of Newfoundland, and to the adjacent Islands, 

 as the whole were assured to him by the Xlllth Article of the 

 Treaty of Utrecht ; excepting the Islands of St. Pierre and Miquelon, 

 which are ceded in full right by the present Treaty, to His Most 

 Christian Majesty. 



V. His Majesty the Most Christian King, in order to prevent the 

 quarrels which have hitherto arisen between the 2 Nations of Eng- 

 land and France, consents to renounce the right of Fishing, which 

 belongs to him in virtue of the aforesaid Article of the Treaty of 

 Utrecht, from Cape Bonavista to Cape St. John, situated on the 

 Eastern coast of Newfoundland, in 50 degrees North latitude; and 

 His Majesty the King of Great Britain consents, on his part, that 

 the Fishery assigned to the Subjects of His Most Christian Majesty, 

 beginning at the said Cape St. John, passing to the North, and de- 

 scending by the Western coast of the Island of Newfoundland, shall 

 extend to the place called Cape Eaye, situated in 47 degrees 50 min- 

 utes latitude. The French Fishermen shall enjoy the Fishery which 

 is assigned to them by the present Article, as they had the right to 

 enjoy that which was assigned to them by the Treaty of Utrecht. 



VI. With regard to the Fishery in the Gulph of St. Lawrence, 

 the French shall continue to exercise it conformably to the Vth 

 Article of the Treaty of Paris. 6 



This treaty was accompanied by a declaration by the King of 

 Great Britain and a counter-declaration by the King of France, 

 which, so far as they related to the fisheries provisions, are as fol- 

 lows: 



BRITISH DECLARATION OF SEPTEMBER 3, 1783. 

 [Extract.] 



The King having entirely agreed with His Most Christian Majesty 

 upon the Articles of the Definitive Treaty, will seek every means 



U. S. Case Appendix, p. 52. 6 U. S. Case Appendix, p. 53. 



