1270 NOBTH ATLANTIC COAST FISHEBIES ARBITRATION. 



nection with the right to dry and cure fish. There it must mean the 

 larger bays. 



Then, in the renunciation clause, the Tribunal will observe the re- 

 nunciation is of the "liberty .... to take, dry or cure fish . . . . 

 within three marine miles of any of the coasts, bays, creeks or har- 

 bors." If there could be any ambiguity as to what "bays" were 

 meant with reference to the taking of fish, there cannot be any am- 

 biguity with reference to the drying or curing, because the renuncia- 

 tion is of the liberty to dry and cure which was given by the treaty 

 of 1783, and that liberty extended to all "bays." I think that is 

 clear. The renunciation is of liberty to dry and cure in what? In 

 any " bay " the same word as in the treaty of 1783 ; and if " bays " 

 in 1783 meant all bays, then " any bay " in the treaty of 1818 must 

 mean all bays for the United States was renouncing the liberty 

 which it got in 1783. 



And, of course, when liberty is given to "enter such bays," the 

 word must have the same significance as before. 



JUDGE GRAY: May I ask you a question without disturbing you? 

 Where they give the liberty to dry and cure in the " bay " you say, 

 and perhaps properly, that that must mean all bays, large as well as 

 small ? That is what I understand you to say ? 



MR. EWART: I should think so, Sir. 



JUDGE GRAY : But the liberty to dry and cure is a liberty to go on 

 land for that purpose, isn't it? 



MR. EWART: Yes. 



JUDGE GRAY: And therefore, whether a bay was large or small, 

 and if it were a large bay, it would necessarily require a grant of 

 the liberty, for there it would be conceded, you would have to go 

 through territorial water in order to land upon the shore ? 



MR. EWART: Quite so. 



JUDGE GRAY: Upon any theory? 



MR. EWART: Quite so. 



JUDGE GRAY: That is, if the line of exclusion ran around in a 

 large bay 3 miles from the shore, it would be necessary to give a 

 liberty to land and cure in large bays as well as small bays, neces- 

 sarily ? 



MR. EWART: Yes. 



JUDGE GRAY: Is that what you mean? 



MR. EWART: Yes. 



766 JUDGE GRAY: But that would make it necessary, without 

 reference to the territoriality of the bay itself ? 



MR. EWART: Quite so. What I say is, that when they get liberty 

 to go into any bay, that is, into the shores of any bay for the purpose 

 of drying and curing fish, that means on the shores of any bay, no 

 matter what size. They can go into any bay outside of 3 miles with- 



