1020 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Grand Bank and on all the other Banks of Newfoundland; also in 

 the Gulph of St. Lawrence, and all other places in the Sea, where the 

 Inhabitants of both Countries used at any time heretofore to fish. 

 And also that the Inhabitants of The United States shall have liberty 

 to take fish of every kind on such part of the Coast of Newfoundland 

 as British fishermen shall use, (but not to dry or cure the same on 

 that Island), and also on the Coasts, Bays, and Creeks of all other 

 of His Britannic Majesty's Dominions in America; and that the 

 American Fishermen shall have liberty to dry and cure fish in any 

 of the unsettled Bays, Harbours and Creeks of Nova Scotia, Mag- 

 dalen Islands, and Labrador, so long as the same shall remain 

 unsettled." 



By the terms of the treaty, the people of the United States enjoyed 

 co-extensively with the subjects of Great Britain all rights of fishing, 

 except the right to dry and cure fish on the shores of Newfoundland 

 and Quebec, and there was no question raised about the extent of 

 the jurisdiction over bays as such; nor was there in respect of these 

 fishing rights and liberties between that time and 1812, because from 

 the time of the making of the treaty until the war of 1812, the people 

 of the United States had, in common with the subjects of Great Brit- 

 ain, under Article 3 of that treaty of 1783, the right to fish in all the 

 bays, creeks, and harbours of whatever size, no matter whether 

 claimed to be within or without the jurisdiction of Great Britain. 



SIR CHARLES FITZPATRICK: And that right was renounced by the 

 treaty of 1818 is that it? 



MR. WARREN : Not at all, Sir Charles. Between the treaty of 1783 

 and the negotiation of the treaty of 1818 the jurisdiction of Great 

 Britain as to bays came to be defined, as I shall show in the course of 

 this discussion, and when the treaty of 1818 was drafted the negotia- 

 tors knew what Great Britain was claiming as to the extent of terri- 

 torial bays. 



JUDGE GRAY : I understand then that when you say that the conse- 

 quence of the British position is that the United States, by the treaty 

 of 1818 renounced the right to fish on the high seas, to a certain ex- 

 tent, you mean that those bays which were more than 6 miles wide at 

 their mouths were open waters and part of the high seas. Is that it? 



MR. WARREN : Yes, your Honour ; not only that, but the Govern- 

 ment of Great Britain do not limit their claim here to territorial 

 waters, but extend their claim to what they are pleased to call geo- 

 graphical waters and counsel for Great Britain fail to discuss, and 

 refuse to discuss, the question of the jurisdiction of Great Britain 

 over bays, as understood between the negotiators prior to the treaty 

 of 1818. 



THE PRESIDENT : There is one thing that I do not understand about 

 the treaty of 1783, and that is why the Gulf of St. Lawrence is spe- 

 cifically mentioned: 



