966 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



I shall refer now, as briefly as possible, to the reports of the nego- 

 tiations between the parties, by the contractors on behalf of the par- 

 ties respectively, the negotiations that took place leading up to the 

 signing of the treaty. I refer to p. 88 of the Appendix to the British 

 Case, at the top of the page: 



" Extract from Protocol of Third Conference held between the 

 American and British Plenipotentiaries at Whitehall. 



" Present : Mr. Gallatin, Mr. Rush, Mr. etc 



" The American Plenipotentiaries, after some previous explanation 

 of the nature of the propositions which they were about to make, 

 submitted the five annexed articles, (A, B, C, and D,) upon the fish- 

 eries, the boundary line, the West India intercourse, that of Nova 

 Scotia and New Brunswick, and the captured slaves. The two first 

 articles they stated to be drawn as permanent; and they accompanied 

 that respecting the fisheries with the annexed explanatory memo- 

 randum." 



Reading article A, it would appear that the article was drafted in 

 the same manner as the treaty, or almost in the same manner as the 

 treaty now stands : 



" on that part of the southern coast of Newfoundland which extends 

 from Cape Ray to the Ramea Islands, and the western and northern 

 coast of Newfoundland, from the said Cape Ray to Quirpon Island, 

 on the Magdalen Islands; and also on the coasts, bays, harbours, 

 and creeks from Mount Joli, on the southern coast of Labrador, to 

 and through the straits of Belleisle, and thence, northwardly, indefi- 

 nitely, along the coast; and that the American fishermen shall also 

 have liberty for ever to dry and cure fish in any of the unsettled bays, 

 harbours, and creeks of the southern part of the coast of Newfound- 

 land here above described, of the Magdalen Islands, and of Labra- 

 dor, as here above described, 



and so on. Then the following day, at p. 89, it would appear that 



" the British Plenipotentiaries gave in the five annexed articles, on 

 the fisheries, the boundary, the Mississippi, the intercourse between 

 Nova Scotia and the United States, and the captured slaves." 



Then it will be noticed that the clause, as drafted by the British 

 Plenipotentiaries, in relation to the fisheries, is somewhat altered, 

 that is, that they made a sort of counter-proposal : 



" It is agreed that the inhabitants of the United States shall have 

 liberty to take fish, of every kind, on that part of the western coast 

 of Newfoundland which extends from Cape Ray to the Quirpon 

 Islands, and on that part of the southern and eastern coasts of Lab- 

 rador, which extends from Mount Joli to Huntingdon Island ; and it 

 is further agreed," etc. 



Then there is a further clause, in the second paragraph, with regard 

 to rivers, which was afterwards disposed of. upon the final draft, 

 because the rivers were not necessary. 



JUDGE GRAY : From what page are you reading ? 



