1174 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



the following words: 'And American fishermen shall have liberty 

 to dry and cure fish on any of the unsettled bays, harbors and creeks 

 of Nova Scotia, but as soon as said shores shall become settled, it 

 shall not be lawful to dry or cure fish at such settlement, 

 708 without a previous agreement for that purpose with the inhabi- 

 tants, proprietors, or possessors of the ground.' 



" The treaty of 1818 contains the following stipulations in relation 

 to the fishery : ' Whereas, differences have arisen respecting the lib- 

 erty claimed by the United States to take, dry, and cure fish on certain 

 coasts, bays, harbors, and creeks of his Britannic Majesty's dominions 

 in America, it is agreed that the inhabitants of the United States 

 shall have, in common with the subjects of his Britannic Majesty, the 

 liberty to fish on certain portions of the southern, western, and 

 northern coast of Newfoundland ; and, also, on the coasts, bays, har- 

 bors, and creeks, from Mount Joly, on the southern coast of Labrador, 

 to and through the straits of Belle Isle; and thence northwardly 

 indefinitely along the coast, and that American fishermen shall have 

 liberty to dry and cure fish in any of the unsettled bays, harbors, and 

 creeks of said described coasts, until the same become settled, and the 

 United States renounce the liberty heretofore enjoyed or claimed by 

 the inhabitants thereof, to take, dry, or cure fish, on or within three 

 marine miles of any of the coasts, bays, creeks, or harbors of his Bri- 

 tannic Majesty's dominions in America, not included in the above- 

 mentioned limits: provided, however, that the American fishermen 

 shall be admitted to enter such bays or harbors, for the purpose of 

 shelter, and of repairing damages therein, of purchasing wood, and 

 of obtaining water, and for no other purpose whatever. But they 

 shall be under such restrictions as may be necessary to prevent their 

 taking, drying, or curing fish therein, or in any other manner what- 

 ever abusing the privileges hereby reserved to them.' 



" The question turns, so far as relates to the treaty stipulations on 

 the meaning given to the word ' bays ' in the treaty of 1783. By that 

 treaty the Americans had no right to dry and cure fish on the shores 

 and bays of Newfoundland, but they had that right on the coasts, 

 bays, harbors and creeks of Nova Scotia ; and as they must land to 

 cure fish on the shores, bays, and creeks, they were evidently admitted 

 to the shores of the bays, etc. By the treaty of 1818, the same right 

 is granted to cure fish on the coasts, bays, etc. of Newfoundland, but 

 the Americans relinquished that right, and the right to -fish within 

 three miles of the coasts, bays, etc. of Nova Scotia. Taking it for 

 granted that the framers of the treaty intended that the word 'bay 

 or bays ' should have the same meaning in all cases, and no mention 

 being made of headlands, there appears no doubt that the Washing- 

 ton, in fishing ten miles from the shore, violated no stipulations of the 

 treaty. 



" It was urged on behalf of the British government, that by coasts, 

 bays, etc., is understood an imaginary line, drawn along the coast 

 from headland to headland, and that the jurisdiction of her Majesty 

 extends three marine miles outside of this line; thus closing all the 

 bays on the coast or shore, and that great body of water called the 

 Bay of Fundy against Americans and others, making the latter a 

 British bay. This doctrine of headlands is new, and has received a 

 proper limit in the convention between France and Great Britain of 

 2d August, 1839, in which ' it is agreed that the distance of three 



