1452 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Americans could not fish. Certain bays were specifically delimited 

 in the treaty itself. Several of the Newfoundland bays were 

 877 delimited, but none of these was on the treaty coast. That, 

 if the Court please, we believe to be a most significant fact. 

 The treaty provided for the marking out only of bays on the non- 

 treaty coasts, and when it came to Newfoundland they were the bays 

 on the eastern part of the southern coast and the eastern part of the 

 island, and did not touch the treaty coast. We believe that has a 

 direct application to Question 6 as to whether the treaty of 1818 gave 

 us the right to enter into bays. Special bays were delimited For- 

 tune Bay, Conception Bay, and others on the eastern coast, but not 

 one of the large bays on the western coast was touched at all. Why ? 

 Because no question had then arisen, no question was supposed to 

 exist and that was seventy years after the treaty had been made 

 as to our rights with respect to bays on the west coast of that island. 

 That treaty failed of approval before the United States Senate, the 

 adverse vote having been taken in August 1888, but it provided for 

 a modus pending the consideration of the question and to the modus, 

 which appears in the United States Case Appendix, at p. 44, I de- 

 sire to call some attention. In the first section it provided for a 

 license fee for entry to the ports for the purpose of purchasing bait, 

 ice, seines, lines, supplies, and outfits, transhipment of catch, or the 

 shipment of crews. All this was paid for at the rate of $1.50 per 

 registered ton of the vessel. The next section provided that the 

 license fee would be remitted if the United States removed the duties 

 on fish, and the third, that no entry or clearance shall be required if 

 the port is entered for one of the four purposes named in the treaty, 

 namely, shelter, repairs, wood, and water, and if the ship does not 

 remain for more than twenty-four hours. The fourth is that for- 

 feiture shall be exacted only for fishing or preparing to fish in pro- 

 hibited waters a simple, straightforward, business arrangement be- 

 tween the two countries, which met with the approval of Mr. Cham- 

 berlain and Sir Charles Tupper on the part of Canada, and of Mr. 

 Bayard and Judge Putnam on the part of the United States. The 

 British Case is the authority for the statement that in so far as Can- 

 ada is concerned that provision is still in force. The old questions 

 slept. Perhaps I had better refer to the British Case, p. 136: 



" This arrangement is still in operation in Canada. Under it 

 American fishermen have taken out licenses entitling them to the 

 privileges mentioned on payment of annual license fees. Between 

 the years 1888 and 1907 American fishermen have thus paid over 

 165,000 dollars to Canada alone for the enjoyment of some of the 

 commercial privileges to which they now assert a right. Similar 

 privileges were conceded in Newfoundland until 1905 under various 

 statutes of that colony, for which, since 1888, American fishermen 

 have paid over 120,000 dollars." 



