988 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



miles, but only at the headlands; but, those are non-treaty coasts; 

 those are the headlands which were not granted, and which were re- 

 nounced by the Americans. 



Then at p. 188 of the Appendix to the British Counter-Case we have 

 the speech of one of the counsel on behalf of the United States, made 

 at the enquiry in Washington in 1877 (the Halifax Commission), 

 when the subject of enquiry was the value of the fisheries which had 

 been conceded to the Americans under the Treaty of Washington 

 of 1871. The value of all the several fisheries, and the circumstances 

 connected with them, were the subject of discussion and computation, 

 and so forth, before the Tribunal. Mr. Dana, the leading counsel 

 on behalf of the United States, was addressing the Tribunal, and 

 among his observations and statements this will be found at p. 188 : 



" Your honors will also observe that until 1830 the mackerel fish- 

 eries were unknown. There was no fishery but the cod fishery. The 

 cod fisheries were all the parties had in mind in making the Treaty 

 of 1818, and to this day, as you have observed from some of the wit- 

 nesses, ' Fishing ' by the common speech of Gloucester, means, ex vi 

 termini cod-fishing ; ' fishing ' is one thing and ' mackereling ' is an- 

 other. In Mr. Adams's pamphlet, on the 23rd page, he speaks of it 

 as a ' fishery,' or in other words, cod fishery, and in 1818 the question 

 was of the right of England to exclude." 



We submit, Mr. President and gentlemen, that these observations 

 can leave on the mind of any person who is called upon to construe 

 that treaty no possible doubt whatever as to the meaning of the words 

 and the intention of the parties, and it was, as we say, that on the 

 southern coast of Newfoundland, from Cape Ray to Ramea, they had 

 the right to fish on the coast, but not in the bays, harbours,* and 

 creeks. The same thing applies to the west coast. They have the 

 right to fish on the coast, but not in the bays, harbours, and creeks. 

 But in Labrador they had the right to fish both on the coast and in 

 the bays, harbours, and creeks. 



We have brought the parties up now to a point at which there can 

 be no doubt whatever about their meaning, as gathered not only from 

 the words themselves, according to a reasonable and proper construc- 

 tion, supporting the construction for which we contend, but also, from 

 the statements, the positive, clear, unequivocal statements and views 

 and intentions of the negotiators themselves, as set forth in the corre- 

 spondence and in their own references in their own language. 



Upon that point I would merely ask to submit one authority, a 



leading English authority upon the rule of construction to be applied 



in such cases as this, where a controversy arises as to the mean- 



594 ing of a single word where it may be contended it is capable 



of two meanings. I refer to " Maxwell on the Interpretation 



of Statutes," at p. 396 (edition of 1883), a leading and recognised 



work : 



