16 COUNTER CASE OF THE UNITED STATES. 



It is true that the privilege secured to the fishermen of France by 

 the Treaty and Declaration of 1783, a privilege which consists in the 

 periodical use of a part of the shore of Newfoundland for the purpose 

 of drying their fish, has in practice, been treated by the British Gov- 

 ernment as an exclusive right during the period of the fishing season, 

 and within the prescribed limits ; because, from the nature of the case, 

 it would scarcely be possible for British fishermen to dry their fish 

 upon the same part of the shore with the French fishermen, without 

 interfering with the temporary establishments of the French for the 

 same purpose, and without interrupting their operations. But the 

 British Government has never understood the Declaration to have 

 had for its object to deprive British subjects of the right to partici- 

 pate with the French in taking fish at sea off that shore, provided 

 they did so without interrupting the French cod fishery. 



So far as the above quoted treaty provisions relate to the taking of 

 fish, which is the chief point of interest in the present connection, in 

 distinction from the drying and curing of them, it will be observed 

 that they respectively provide as follows : 



The treaty of 1713 provides that " it shall be allowed to the sub- 

 jects of France to catch fish * * * 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 Kiche." 



The treaty of 1763 provides that " the subjects of France shall have 

 the liberty of fishing * * * on a part of the coasts of the Island 

 of Newfoundland, such as is specified in Article XIII of the Treaty 

 of Utrecht." 



The treaty of 1783 provides that " the French fishermen shall en- 

 joy 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," the only difference being that under this treaty 

 the " French Shore " on the east coast of Newfoundland began at 

 Cape St. John, instead of at Cape Bonavista, and on the west coast 

 was extended to Cape Eay, at its southern extremity. 



The British Declaration of September 3, 1783, provides that " His 

 Britannic Majesty will take the most positive measures for prevent- 

 ing his Subjects from interrupting, in any manner, by their competi- 

 tion, the Fishery of the French, during the temporary exercise of it 

 which is granted to them, upon the coasts of the Island of Newfound- 

 land." The obvious meaning of this stipulation is, and it has been 



U. S. Case Appendix, p. 1096. 



