1560 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Coming, if you please then, to the word " shores " of the Magda- 

 len Islands and I have already said that the British Case and we 

 agree that it means the same thing that coast does with respect to 

 Newfoundland I insist again that the plain and palpable meaning 

 of the word " shores," including all the indentations of the shores, 

 carries with it the word " coast," if there was any question in regard 

 to it whatsoever. It is interesting to note that the British Argument 

 itself, in several instances, uses the word " shores " to include indenta- 

 tions. I refer the Tribunal to the fourth paragraph on p. 5 of the 

 British Argument: 



" In the Counter-Case of the United States it is claimed that the 

 question before the Tribunal relates only to the right of fishing. 

 But the right to resort to British shores for the purpose of drying 

 and curing is given by the same provision, and must be governed by 

 the same considerations. If American fishermen are in any respect 

 exempt from British jurisdiction on the treaty waters they are equally 

 exempt from that jurisdiction on the shores," 



which, of course, is the land adjacent to the water; and on p. 15, at 

 the paragraph marked " Joint Ownership " : 



" It is asserted that the United States and Great Britain when they 

 met in the negotiations of 1782 possessed ' the equal rights of joint 

 owners ' in the British coast-fisheries and in British shores ; and that 

 such fisheries and shores were subject to division between them." 



This states exactly what the contention was at that time that the 

 United States not only had a right to the fishery in the waters, but it 

 had a right to land on the shores to dry fish. 



I read from the bottom of p. 20 of the British Argument : 



"And this point becomes the more important when it is remembered 

 that the exemption claimed for American fishermen would extend to 

 the exercise of their rights on shore." 



British Argument, p. 88 : " Effect of United States contention." 

 That is under Question 5, when they were very carefully dealing with 

 bays. I quote: , 



" According to this contention, the area renounced is to be meas- 

 ured in the same way from the shores of enclosed waters as from the 

 unindented shores, and in that view the clause would have precisely 

 the same effect if the word ' coasts ' had stood alone, and the words, 

 ' bays, creeks or harbours ' had been altogether omitted." 



Again, we have presented the definition of the word " shore " in 

 every dictionary extant at that time in a footnote of the United States 

 Argument at pp. 241 and 242. 



With regard to the Magdalen Islands, I want to call attention to 

 the opinion of the law officers of the Crown which will be found in 

 the United States Case Appendix, p. 1043 and following pages. You 

 will remember that in 1841 this opinion seems to have been rendered, 



