1382 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Afterwards, in the treaty of 1818, we gave more formal and specific 



entry to the United States in respect of that French shore. 



834 By the treaty of 1783, as the Tribunal will remember, the 



United States got a right to fish on Newfoundland only in 



such places as British fishermen might use, which might or might 



not include the parts of Newfoundland where the French shore was 



situated. But in the treaty of 1818 we specifically gave the United 



States the right to fish upon the French shore introducing them 



there, therefore, by virtue of the right which we had left to us as 



owners of the fisheries. 



Then, in the subsequent treaties of 1854 and 1871, we introduced 

 the United States again to the French shore between St. John and 

 the Quirpon Islands. The French had that shore, as the Tribunal 

 will remember, as well as down here (indicating on the map). The 

 United States had not that shore ; under the treaty of 1818 they had 

 this (indicating on map). The treaties of 1854 and 1871 introduced 

 the American fisherman to this shore (indicating) on the east side of 

 Newfoundland, which was the French shore. 



Then, in 1857, by an unratified treaty, but one that Great Britain 

 certainly thought she had a perfect right to make, she agreed to intro- 

 duce the French on to the coast of Labrador, where the United States 

 had the liberty to fish in common with British subjects under the 

 treaty of 1818. That treaty did not become effective because of New- 

 foundland's opposition; but Great Britain took the same position 

 then as she had previously in introducing the Americans to the 

 French shore, namely, that she could introduce the French on to the 

 American shore. 



The fourth observation I have to make with reference to that word 

 " liberty " is that it is a liberty to fish and not a liberty of extra-terri- 

 toriality, which is entirely a different thing. 



Passing from the treaty, then, Sirs, I wish to give some contem- 

 porary testimony as to the effect of this treaty to show in what way 

 it was regarded by United States Secretary of State, Mr. Livingston, 

 and by Mr. Madison. (British Counter-Case Appendix, at p. 132). 

 Mr. Livingston is writing to General Washington on the 12th March, 

 1783, giving him an account of the treaty. The only sentence that 

 interests us is the last sentence: 



"The third ascertains our rights as to the fishery, and puts them 

 upon the same footing that they were before the war." 



That is precisely the position that we take here, that it was a 

 regulated fishery previously; that that was the sort of fishery that 

 everybody was familiar with; and that it was to a similar fishery 

 that the treaty referred; and when the United States Secretary 

 wished to express his view as to the position of American fishermen 



