1032 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



the definitive treaty of peace of 1783. I am not going into the reasons 

 why the delay of that year occurred, but it is a fact that the treaty 

 as negotiated in 1782 became the definite treaty of 1783, without 

 alteration. 



The American Commissioners proposed, among the articles appear- 

 ing on p. 217 of the Appendix to the Case of the United States, the 

 3rd article which was finally adopted with some alterations. That 

 proposed article reads: 



" That the subjects of His Britannic Majesty and people of the said 

 United States, shall continue to enjoy unmolested, the rights to take 

 lish of every kind on the banks of Newfoundland, and other places 

 where the inhabitants of both countries used formerly, to wit, before 

 the last war between France and Britain, to fish and also to dry and 

 cure the same at the accustomed places, whether belonging to his said 

 Majesty or to the United States; and his Britannic Majesty and the 

 said United States will extend equal privileges and hospitality to each 

 other's fishermen as to their own." 



621 This article was agreed to ad referendum by the British 

 Commissioner, Richard Oswald, but was not approved by the 

 British Government. A new article was subsequently agreed upon 

 by the Commissioners of the two Powers, which is set out at the bot- 

 tom of p. 218 of the Appendix to the Case of the United States. It 

 is not necessary to read or have incorporated this article, inasmuch 

 as it also proved unacceptable to the British Government, although 

 signed by the British Commissioner I should not say signed in the 

 sense of finally agreed to, but agreed to ad referendum. 



The proposal on p. 219 of the Appendix to the United States Case, 

 to which I wish specifically to call the attention of the Tribunal, was 

 put forward by Great Britain, and reads as follows: 



"Article III. The citizens of the said United States shall have the 

 liberty of taking fish of every kind on all the banks of Newfound- 

 land, and also in the Gulf of St. Lawrence; and also to dry and cure 

 their fish on the shores of the Isle of Sables and on the shores of any 

 of the unsettled bays, harbors, and creeks of the Magdalen Islands, 

 in the Gulf of St. Lawrence, so long as such bays, harbors, and 

 creeks shall continue and remain unsettled; on condition that the 

 citizens of the said United States do not exercise the fishery, but at 

 the distance of three leagues from all the coast belonging to Great 

 Britain, as well those of the continent as those of the islands situated 

 in the Gulf of St. Lawrence. And as to what relates to the fishery 

 of the coast of the Island of Cape Breton out of the said gulf, the 

 citizens of the said United vStates shall not be permitted to exercise 

 the said fishery, but at the distance of fifteen leagues from the coasts 

 of the Island of Cape Breton." 



This suggestion that: 



"the citizens of the said United States do not exercise the fishery, 

 but at the distance of three leagues from all the coast belonging to 

 Great Britain, as well those of the continent as those of the islands 



