1148 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



to be recorded in detail. I will use the language of the protocol 

 itself, " were to be recorded in detail " ; and the protocols will be 

 searched in vain for any reference to any map of any kind drawn by 

 anybody as being before the Tribunal, or as being referred to in any 

 connection with the treaty subsequently signed. 



I desire to refer, in passing, to a statement on p. 103 of the Case of 

 Great Britain filed before this Tribunal. 



The reading of pp. 103 and 104 is, unless analysed, liable to be 

 very misleading, and I desire to read some paragraphs there for the 

 purpose of commenting on them. Reading first from p. 103 : 



" These indentations had all been surveyed and named at the time 

 the convention was entered into. They were well known to mariners 

 and fishermen and were known under the names which they now bear. 

 In other words, the waters to which this discussion relates were known 

 as bays in 1818. 



"Maps of the coasts had been published before that date. Of 

 these, probably the most important were a wall map known as 

 Mitchell's map (1755), and a book of maps called 'The American 

 Atlas,' prepared by 'Thomas Jeffreys, geographer to the King and 

 others.' In the appendix to this Case will be found reproductions 

 of Mitchell's map, and of such of Jeffrey's maps as cover the terri- 

 tory in question. Not only were these maps available to the negotia- 

 tors in 1783, but the report of the American Commissioners proves 

 that the Mitchell map was actually being used by them during the 

 negotiations. They said : 



" ' The map used in the course of our negotiations was Mitchell's.' 



"When, therefore, in 1783, an agreement was entered into with 

 reference to the ' bays ' in these territories, no one could have been in 

 the slightest doubt as to what was intended." 



I have shown that it does not make any difference what the bays 

 were in 1783; that there was no attempt to define the jurisdiction, 

 because the rights of the fishing vessels of the United States were to 

 go to the shores under the terms of the treaty. 



Continuing the reading : 



" The maps showed it, and every fishermen knew it without looking 



at the maps. And the word was used in the same sense in 



693 1818. It appears from an entry in Mr. John Quincy Adams' 



diary, 8th July, 1823, that the same map (Mitchell's) was 



made use of in subsequent negotiations." 



The extract referred to as being in Mr. Adams's diary is on p. 108 

 of the Appendix to the Case of Great Britain. It bears date the 8th 

 July, 1823, and will be found at the bottom of p. 108 : 



"The Count de Menou came to inquire where were the Quirpon 

 Islands; I showed him upon Mitchell's map. We had much con- 

 versation upon the subject of the French claim to exclusive fishery 

 from them to Cape Ray. He said he had received further instruc- 

 tions from the Viscount de Chateaubriand on this affair, but there 

 were still two previous instructions which he had not received. He 

 saw it was an affair of great delicacy, and he did not see how they and 

 we could enjoy a concurrent right of fishery on the same coast." 



