1570 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



on that half of the coast of Newfoundland, it would be the most 

 astounding thing in the world if there were not fish for the Ameri- 

 cans to take in other parts of the coast. I doubt if any such physical 

 phenomenon as that exists elsewhere in the world. 



That passage that I read a while ago about one net over here on the 

 Magdalen Islands taking 3,000 barrels of herring will be remembered. 

 And yet it is stated that there have not been any fish just across over 

 here (indicating on map). The United States at Halifax was asked 

 to pay Newfoundland 2,880,000 dollars, I think, for twelve years' use 

 of the rights on the non-treaty coast. I am coming to that in just a 

 moment. They did not ask for damages under the Treaty of Wash- 

 ington on the treaty coast. Why not? Because we had the access, 

 under the treaty of 1818, to the treaty coast. 



Attention has already been called by the President of the Tribunal 

 to this report to the Assembly of Newfoundland in 1845. In 1846 

 (vol. ii, pp. 1072 and 1073 of the Appendix to the Case of the United 

 States) there is an address by that same body to the Queen, in which 

 the same assertion is made. I shall not stop to read it, but will 

 call attention to the history from that time on. In 1868 there was an 

 Act of the Dominion of Canada, 22nd May, 1868, which is to be 

 found at p. 133 of the Appendix to the Case of the United States, 

 and from which I read: 



" The Governor may, from time to time, grant to any foreign ship, 

 vessel or boat, or to any ship, vessel or boat not navigated according 

 to the laws of the United Kingdom, or of Canada, at such rate, and 

 for such period not exceeding one year, as he may deem expedient, a 

 license to fish for or take, dry or cure any fish of any kind whatever, 

 in British waters, within three marine miles of any of the coasts, 

 bays, creeks or harbours whatever, of Canada, not included within 

 the limits specified and described in the first article of the convention 

 between His late Majesty King George the Third and the United 

 States of America, made and signed at London on the twentieth d&y 

 of October, 1818." 



It will be remembered by the Tribunal that Canada had under its 

 jurisdiction the Magdalen Islands, and it had the coast of Labrador 

 from Mount Joli up to this point (indicating on map), and licences 

 could be issued by the Government to enter and take fish everywhere 

 else except there. Why not there ? Why, because everybody knew 

 and recognized the fact that Americans, under that very treaty, had 

 the right to use them, and that no license was necessary. 



It is difficult to see how this contention can be advanced in the 

 light of the position of Newfoundland at Halifax with regard to 

 obtaining damages. Of course, they had the object there of showing 

 that under the treaty of 1871 the United States received great benefits, 

 and to state every benefit and every inch of the coast that the United 

 States obtained access to by means of the treaty of 1871 over and 



