956 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



which I shall have to offer to them with relation to Question No. 6. 

 The question, as stated, is this: 



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

 said article or otherwise to take fish in the bays, harbours, 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 British contention is very briefly stated at p. 123 of the Brit- 

 ish Case: 



" The question is whether United States fishermen are, under the 

 treaty of 1818, entitled to take fish, not only on that portion of the 

 ' coast ' of Newfoundland specified in article one of the treaty, and 

 the ' shores ' of the Magdalen Islands, but also in the bays, harbours, 

 and creeks thereof. While the treaty grants to American fishermen 



liberty to take fish 



" ' on the coasts, bays, harbours, and creeks from Mount Joly, on the 

 southern coast of Labrador,' etc. 



" it gives liberty on the ' coast ' merely of Newfoundland, and on the 

 ' shores ' of the Magdalen Islands. And the question is, whether the 

 more restricted liberty in these two localities is to be construed as 

 meaning the same as the more ample liberty on the Labrador coast. 



" For the present purpose the provisions of' the treaty may be 

 divided into three parts: 



" 1. American fishermen are to have liberty to take fish in the fol- 

 lowing places: 



" (a) Part of the southern', western, and northern 'coast of New- 

 foundland,' 



" (b) ' On the shores of the Magdalen Islands.' 

 " (c) ' On the coasts, bays, harbours, and creeks' of Labrador. 

 " 2. American fishermen are to have liberty to dry and cure 

 fish- 

 But that is not the question before the Tribunal ; it does not relate 

 to the drying and curing of fish but only to the right of taking fish 

 itself. 



Now, Mr. President, although so much has been written and printed 

 bearing upon it, the question itself is one within a very small com- 

 pass. And our contention is that it is clear that on the face of the 

 words themselves, they are scarcely capable of a second opinion. It 

 is perfectly clear that there is a difference and that a difference was 

 intended to be made between Labrador, where the liberty was given 

 to fish on the coasts, bays, harbours and creeks, and the west coast of 

 Newfoundland, where the liberty is given only on the coast, the 

 southern coast of Newfoundland from Rameau to Cape Ray, where 

 the liberty is given only on the coast, and the Magdalen Islands, 

 where the liberty is given only on the shores. Or, to put it in another 

 way, that the right to fish in the bays, harbours and creeks is given 

 only in regard to Labrador, in addition to coasts, of course, of 

 Labrador. 



