546 MISCELLANEOUS 



2. Customs remissions l>y the United States in favor of Canada. 



The privilege of a free market in the United States for the produce 

 of the fisheries of the Dominion of Canada, excepting fish of the 

 inland lakes and tributary rivers, and fish preserved in oil, remains 

 to be considered. It forms the only appreciable concession afforded 

 by the treaty for the right of free fishery in British waters, and the 

 collateral advantages derived by United States citizens. We have 

 already adverted in paragraph 5 of chapter 2 of this Case to the 

 mutual benefit of a reciprocal free market for fish. This is so clearly 

 an advantage to all concerned, and particularly to the nation com- 

 prising the largest number of fishermen, traders, and consumers, that 

 it cannot be contended that in this respect any advantage is conceded 

 to Canada which is not participated in by the United States. 



CONCLUSION. 



For these and other reasons Her Majesty's Government, for the 

 concession of these privileges in respect of the Dominion of Canada, 

 claim, over and above the value of any advantages conferred on 

 British subjects under the Fishery Articles of the Treaty of Wash- 

 ington, a gross sum of $12,000,000, to be paid in accordance with the 

 terms of the treaty. 



PART II. NEWFOUNDLAND 

 CHAPTER I. Introduction and description of Newfoundland fisheries. 



It has been already submitted, on page 15 of the introductory por- 

 tion of this case, that the following basis is the only one which it is 

 possible to adopt under the terms of the first part of Article XVIII 

 of the Treaty of Washington, 1871, namely, that the value of the 

 privileges granted to each country respectively by Articles XVIII, 

 XIX, and XXI of that treaty, which were not enjoyed under the 1st 

 Article of the Convention of the 20th of October, 1818, is that which 

 this Commission is constituted to determine. 



The position occupied by Newfoundland in regard to the right of 

 fishing enjoyed by the United States citizens on her coasts is, how- 

 ever, in many points distinct from that of Canada, and it is desirable 

 to state precisely how the case stands. 



By Article I of the Convention of 1818 the inhabitants of the 

 United States acquired " forever the liberty to take fish of every 

 kind on that part of the southern coast of Newfoundland which 

 extends from Cape Ray to the Rameau Islands; on the western and 

 northern coast of Newfoundland from the said Cape Ray to the 

 Quirpon Islands, and also on the coasts, bays, harbors, and creeks 

 from Mount Joly, on the southern coast of Labrador, to and through 

 the Straits of Belle-Isle, and thence northwardly indefinitely along 

 the coast, and the liberty forever to dry and cure fish in any of the 

 unsettled bays, harbors, and creeks of the southern part of the coast 

 of Newfoundland, hereabove described, and the coast of Labrador; 

 but so soon as the same, or any part thereof, shall be settled, it shall 

 not be lawful for the said fishermen to dry or cure fish at such por- 

 tions so settled without previous agreement for such purpose with 



