1134 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



" that in consideration of the different opinions known to be enter- 

 tained by the Governments of the two countries, as to the 

 right- 



683 The word " right " refers to the contest that had been going 

 on regarding the question of the survival of the rights under 

 the treaty of 1783 by reason of the War of 1812, which, according to 

 Great Britain, had abrogated certain of the rights of the inhabitants 

 of the United States under the treaty of 1783, and which, in accord- 

 ance with the contention of the United States, had not abrogated 

 any of the rights. I continue reading: 



" of the United States to a participation in the fisheries within the 

 British jurisdiction, and to the use of those purposes of British 

 territory." 



The British Commissioners used the expression " within the British 

 jurisdiction." What becomes of the contention of counsel for Great 

 Britain in this submission that this treaty referred to geographical 

 bays, and that the jurisdiction of Great Britain at that time is imma- 

 terial, and that the only enquiry is into the terms of the treaty? 



JUDGE GRAY: Could they have granted fishery rights in any waters 

 that were not within their jurisdiction? 



MR. WARREN : Not to the citizens of the United States, your Honour. 



JUDGE GRAY: Or to anybody? 



MR. WARREN : They might to France and Spain, which had been 

 excluded from those waters by virtue of treaty contracts, but not to 

 the citizens of the United States. 



JUDGE GRAY : Well, I do not quite understand your answer if it is 

 only (in looking at the passage to which you have referred us) that 

 this is as regards the right of fishery within the British jurisdiction. 

 Could they grant a right of fishery except in waters within their 

 jurisdiction? 



MR. WARREN : Most decidedly not, your Honour. 



JUDGE GRAY : This is not with reference to the exclusion ? 



MR. WARREN: This is a reference to the entire negotiation, as to 

 what they were negotiating about, namely, the right to resort along 

 certain designated portions of coast to the British jurisdiction and 

 the consequent surrender of the right to resort to the British juris- 

 diction and the consequent surrender of the right to resort to the 

 British jurisdiction on certain other portions of the coast. 



SIR CHARLES FITZPATRICK: It is perfectly obvious that it is just a 

 statement of the claim of the United States to participate. That is 

 all it is; it is nothing but that. 



THE PRESIDENT: Does not the expression " within the British juris- 

 diction " refer to the distinction between the two branches of the 

 treaty of 1783? The treaty of 1783 contains two branches; the first 



