82 COUNTER CASE OF THE UNITED STATES. 



Moreover, the same claim was still being asserted by France when the 

 treaties of 1854 and 1871 between the United States and Great Britain 

 were entered into ; and under both of those treaties American fisher- 

 men admittedly were given the liberty to fish in the bays, creeks, and 

 harbors on all the rest of the French treaty coast not covered by the 

 treaty of 1818. 



The British Case fails to explain the character and extent of 

 the French claim referred to in the above extract, and that, so far as 

 it related to fishing liberties in the waters of the French treaty 

 coast of Newfoundland, Great Britain has always insisted that Brit- 

 ish fishermen had fishing liberties in common with the French fisher- 

 men, as has already been shown in the discussion of Question I in 

 this Counter-Case." The extent and character of the French claim 

 on land along the French coast has no bearing upon the question 

 under consideration and does not require examination, for the Amer- 

 ican fishing liberty under the treaty of 1818 does not include the 

 drying and curing of fish on land on any portion of that coast, the 

 coastal waters on the western side of Newfoundland, between Cape 

 Ray and the Quirpon Islands, being the only portion of the French 

 treaty coast with which the American treaty coast under the treaty 

 of 1818 coincides. 



It is true that the effect of the fisheries provisions of the treaties 

 between Great Britain and France has been a matter of dispute 

 between those countries, the French claiming an exclusive right of 

 fishing in the waters of the French treaty coast of Newfoundland, 

 but whether or not this contention was justified by the terms of these 

 treaties is a question of no importance now, inasmuch as the French 

 claim of exclusive rights was never established by France or admitted 

 by Great Britain, and was finally disposed of by an adjustment of the 

 whole question under their treaty of April 7, 1904. 6 



The French-claim in the negotiations of 1783. 



The fact that the French claim, referred to in the British Case, was 

 asserted by France before the treaties of 1783 were entered into be- 

 tween Great Britain and France, and between the United States and 

 Great Britain, and was discussed in the negotiations which resulted in 

 those treaties appears from the published records of those negotia- 

 tions which are briefly reviewed below. 



Supra, p. 11. 6 U. S. Case Appendix, p. 83. 



