QUESTION SIX. 101 



finally disposed of the French claim of an exclusive right of fishing 

 in those waters. 



The British admission in 1877. 



Again, in 1877 in the proceedings before the Halifax Commission 

 to determine *the value of the fishing liberty secured to American fish- 

 ermen by the fisheries provisions of the treaty of 1871, which, in so 

 far as they related to Newfoundland, were identical with those of 

 the treaty of 1854, it was distinctly recognized and admitted in the 

 British Case in those proceedings that the bays, creeks, and harbors 

 of the west coast of Newfoundland were included in the American 

 treaty coast defined by the treaty of 1818. 



By the provisions of the treaty of 1871, American fishermen were 

 admitted to all the bays and harbors of Newfoundland not included 

 in the treaty coast defined by the treaty of 1818, and it was to New- 

 foundland's interest in those proceedings to magnify rather than 

 minimize the extent of the waters opened to American fishermen by 

 the new treaty. If, therefore, there had been any reasonable ground 

 for asserting that the bays and harbors on the west coast of New- 

 foundland were not part of the treaty coast defined by the treaty of 

 1818, the claim would certainly have been made by Newfoundland at 

 that time that they formed part of the waters to which American fish- 

 ermen were admitted by the treaty of 1871. 



It will be found, however, that in the British Case in the Halifax 

 proceedings such claim was not made, the extent of the American 

 fishing liberty secured under the treaty of 1871 being set forth as 

 follows : 



In addition to the privileges so enjoyed under the Convention of 

 1818, Articles XVIII and XXI of the Treaty of Washington granted 

 to United States citizens : 



(1) The liberty to take fish of every kind, except shellfish, on the 

 remaining portion of the coast of Newfoundland, with liberty to 

 land on the said coast for the purpose of drying their nets and curing 

 their fish; 



******* 



A reference to the accompanying map will show that the coast, 

 the entire freedom of which for fishing purposes has thus been ac- 

 quired by the United States for a period of twelve years, embraces 

 that portion extending from the Rameau Islands on the southwest 

 coast of the island eastward and northwardly to the Quirpon 

 Islands. 



U. S. Counter-Case Appendix, p. 547. 



