ARGUMENT OF CHARLES B. WARREN. 1113 



the American Commissioners desired to state any surrender that was 

 made in compliance with the bargain to be made in the words " the 

 United States hereby renounce " was that they wished to have it 

 understood that the United States was giving up a right which it 

 claimed. This is shown by the report of the American Commissioners 

 to their Government to which I shall refer at a later period. 



At the conference on the 6th October, the protocol of which is 

 found on p. 312 of the Appendix to the Case of the United States, the 

 Commissioners on behalf of Great Britain brought forward an 

 article on the fisheries which the American Commissioners rejected. 



Later, an article, practically as drafted by the American Commis- 

 sioners and I am confining myself to this Question under discus- 

 sion including the renunciatory clause was accepted. This article 

 appears in the Appendix to the Case of the United States on p. 315, 

 and is, of course, the present article 1 of the treaty now before this 

 Tribunal. 



It may be set out as though read, and I will not pause to read it. 



"ARTICLE A. 



" Whereas differences have arisen respecting the liberty claimed 

 by the United States for the inhabitants thereof, to take, dry, and 

 cure fish on certain coasts, bays, harbours, amd creeks of His Britannic 

 Majesty's dominions in America : It is agreed between the high con- 

 tracting parties that the inhabitants of the said United States shall 

 have, forever, in common with the subjects of His Britannic Majesty, 

 the liberty to take fish of every kind on that part of the southern 

 coast of Newfoundland which extends from Cape Ray to the Ramea 

 Islands, on the western and northern coast of Newfoundland, from the 

 said Cape Ray to the Quirpon Islands, on the shores of 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 Belle Isle, and thence, northwardly, indefinitely, along the 

 coast, without prejudice, however, to any of the exclusive rights of 

 the Hudson's Bay Company; and that the American fishermen shall 

 also have liberty, forever, to dry and cure fish in any of the unsettled 

 bays, harbours, and creeks of the southern part of the coast of New- 

 foundland, hereabove described, and of the coast of Labrador ; but so 

 soon as the same, or any portion thereof, shall be settled, it shall not be 

 lawful for the said fishermen to dry or cure fish at such portion so 

 settled, without previous agreement for such purpose with the in- 

 habitants, proprietors, or possessors of the ground. And the United 

 States hereby renounce, forever, any liberty heretofore enjoyed or 

 claimed by the inhabitants thereof to take, dry, or cure fish on or 

 within 3 marine miles of any of the coasts, bays, creeks, or harbours 

 of His Britannic Majesty's dominions in America, not included 

 within the above-mentioned limits: Provided, however, That the 

 American fishermen shall be admitted to enter such bays or harbours 

 for the purpose of shelter, and of repairing damages therein, of pur- 

 chasing wood and obtaining water, and for no other purpose what- 



