QUESTION SIX. 



Have the inhabitants of the United States the liberty, under the 

 said Article or otherwise, to take -fish in the bays, harbors, and creeks 

 on that part of the southern coast of Newfoundland which extends 

 from Cape Ray to Rameau Islands, or on the western and northern 

 coasts of Newfoundland from Cape Ray to Quirpon Islands, or on 

 the Magdalen Islands? 



The bays, creeks and harbors referred to in this Question are under- 

 stood on the part of the United States as being such indentations only 

 as are less than six marine miles in width. The position of the United 

 States is, and always has been, that the right of American vessels to 

 resort to the waters of indentations more than six marine miles in 

 width up to three marine miles of the land does not depend upon any 

 treaty stipulations with Great Britain. 



It was shown in the Case of the United States that this Question 

 was first suggested by the Premier of Newfoundland in 1905, after 

 a lapse of nearly ninety years since the treaty was made, although 

 during that period " the United States has always asserted the right 

 of the American fishermen to take fish in the waters referred to, 

 and American fishermen have, ever since the treaty was made, 

 openly exercised their right to take fish in these waters without ob- 

 jection or interference by the Newfoundland Government," 11 and 

 now for the first time the grounds upon which Great Britain sup- 

 ports its contention on this Question are disclosed to the United 

 States in the British Case. In the circumstances it is not surprising 

 to find that these grounds are far from convincing. 



The British contention. 



Great Britain contends " that the liberty to fish on the southern, 

 western, and northern coasts of Newfoundland, and on the shores 

 of the Magdalen Islands, does not include the liberty to fish in the 

 bays, harbours, and creeks on such coasts or shores." 6 An examina- 

 tion of the British Case shows that in urging this contention, Great 

 Britain completely disregards everything that has happened since 



U. S. Case, p. 244. British Case, p. 126. 



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