QUESTION ONE. 11 



Congress said no word upon that subject. And in its instructions to 

 its commissioners it merely expressed a limited desire as to the Nova 

 Scotia shores only (ante, p. 12) : 



we are desirous, that even the Shores [of Nova Scotia] may be 

 occasionally used for the purpose of carrying on the Fisheries by the 

 Inhabitants of these States. 



2. While in the resolution of the Committee of the Whole a claim 

 was made to " coasts, bays, and banks," Congress, after debate, struck 

 out the word " bays " and the word " coasts," and always, afterwards, 

 the claim was limited to "banks and seas," express renunciation be- 

 ing made of any claim to the fishery within 3 leagues of British 

 shores. 



3. The assertion of fishing rights in one set of instructions was 

 confined to (ante, p. 12) 



the Banks of Newfoundland and other fisheries in the American Seas 

 any where, excepting within the distance of three leagues of the 

 Shores of the Territory remaining to Great Britain at the close of 

 the war, if a nearer distance cannot be obtained by negotiation 



and in the other set was confined to (ante, p. 13) 



the Banks, seas and places formerly used and frequented by them, so 

 as not to encroach on the territorial rights which may remain to her 

 after the termination of the present war as aforesaid. 



4. In 1782, a Committee of Congress expressly said with respect to 

 the claim of (ante, p. 13) 



the common right of the United States to take fish in the North 

 American seas, .... that it does not extend to any parts of the sea 

 lying within three leagues of the shores held by Great Britain or any 

 other nation. 



5. Nowhere is there any suggestion of, or proposal for, a division 



of the coast-fisheries as being assets held by joint-owners. In 

 15 the resolution of the 24th March the right of fishing was de- 

 manded for the United States (ante, p. 9) 



as fully as they enjoyed the same when subject to the King of Great 

 Britain, 



On the 3rd of June, however, Congress voted to strike out of a pro- 

 posed resolution the equivalent words, namely (App., p. 16) : ' 



" as fully and freely as they did or might have done during their 

 political connection." 



And no such words ever again re-appeared. 



6. The expression " the common right of fishing " was applied to 

 the ocean-fisheries. It did not apply to the coast-fisheries. 



7. The suggestion on p. 12 of the United States Case, that there 

 would have been no treaty of peace at all had not the British Com- 

 missioners agreed to the fishery demands of the American Commis- 

 sioners, is contradicted by the specific instructions of Congress that 



