1150 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



I submit that the correspondence, while showing that the vessels 

 were fishing in the bays, Port-au-Port and Bay of Islands, which 

 are under any theory territorial bays, and in two instances were 

 fishing in St. George's Bay, conclusively establishes that the discus- 

 sion involved the right of the United States vessels to fish on the 

 entire west coast; and it is also apparent that when the words ap- 

 pearing on p. 128 of the United States Counter-Case Appendix 

 " within the strictest territorial jurisdiction of the island " were used, 

 the reference was to the waters lying within 3 marine miles of all 

 that coast of Newfoundland. 



This shows, I submit, that the vessels were fishing within the 



3-mile limit, for in the note of Richard Rush, who, of course, 

 694 will be remembered as one of the negotiators of the treaty of 



1818. to Mr. Canning, dated the 3rd May, 1824, found on 

 p. 127 of the Appendix to the Counter-Case of the United States, 

 Mr. Rush states : 



"After the ratification of the above convention, the fishermen of 

 the United States proceeded, according to its stipulations, to take 

 fish on the western and northern coast of Newfoundland, between the 

 limits of Cape Ray and the Quirpon Islands, as aforesaid; but, in 

 the course of the years 1820 and 1821,. whilst pursuing in a regular 

 manner their right to fish within these limits, and being also within 

 the strictest territorial jurisdiction of the island, these fishermen 

 found themselves ordered away by the commanders of the armed 

 vessels of France, on pain of seizure and confiscation of their fishing 

 vessels." 



The gist of this controversy is well stated in the 10th protocol of 

 the Conference of the American and British Plenipotentiaries, held 

 at the Board of Trade in London, the 29th March, 1824, found in 

 the Appendix to the United States Counter-Case, commencing with 

 p. 123 and continuing to p. 129. 



In these protocols will be found a copy of the statement of Mr. 

 Rush, embodying the claim of the United States. 



I will read from the bottom of p. 124 of the Appendix to the Coun- 

 ter-Case of the United States, from a paper made a part of the 10th 

 protocol of those conferences. The Tribunal undoubtedly recalls that 

 these negotiations did not refer to the matters here in dispute, but to 

 quite another matter. 



" Finally, by the convention of October 20, 1818, between the 

 United States and Great Britain, it is provided, article first, 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 Rameau islands, and on the western 

 and northern coast from the said Cape Ray to the Quirpon Islands.' 

 By the same convention the United States are allowed to dry and cure 



