1574 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



required delimiting if we were to be excluded from them. The reason 

 that they were not to be delimited was because we already had them. 



SIR CHARLES FITZPATRICK: Where is the reference that you have 

 just given ? 



MR. ELDER : United States Case Appendix, pp. 39 and 40. The high 

 contracting parties agreed to appoint a mixed commission to delimit, 

 in the manner provided in this treaty, the British waters, bays, 

 creeks, and harbours of the coasts of Canada and of Newfound- 

 land 



SIR CHARLES FITZPATRICK : Oh, yes. 



MR. ELDER (continuing) : as to which the United States, by arti- 

 cle 1 of the convention of the 20th October, 1818, between the United 

 States and Great Britain, renounced for ever any liberty to take, 

 dry, or cure fish. That referred to the bays on the non-treaty coasts, 

 and not the bays on the treaty coasts. 



That is still further shown, Sir Charles, if you will pardon me. 

 by the fact that they went to Newfoundland ; and the bays specially 

 delimited, to show what should be considered bay and what should 

 be considered open sea, were Fortune Bay, Placentia Bay, and one 

 of the bays on the east coast the name of which I have forgotten; 

 that they specifically provided for, and did not leave to the Com- 

 mission; but the bays on the other side they did not delimit. 



The Newfoundland customs circular of the 18th October, 1898 

 (United States Counter-Case Appendix, pp. 331 and 332), I will 

 read : 



" Under the treaty of 1818, made between Great Britain and the 

 United States, the fishermen of the latter country have liberty to 

 catch fish on that part of the coast between Ramea Islands and Cape 

 Ray and between Cape Ray and Quirpon Islands, and of drying or 

 curing fish in any unsettled parts within those limits. They may 

 not, however, enter any settled parts in this Colony within the above 

 limits, or any parts without those limits, for any purpose other than 

 for the purpose of shelter, and of repairing any damage, or of pur- 

 chasing wood and of obtaining water; except for taking fish within 

 the above limits." 



953 And on the next page, 332 : 



" You are to see that every fishing vessel of the United 

 States which enters your port or any port within your jurisdiction, 

 except it be within the above limits, for other than the purpose of 

 shelter, repairing damage, and of purchasing wood and or obtaining 

 water, shall obtain a licence as set forth in the ' Foreign fishing ves- 

 sels Act,' and shall pay for the same the fee of one dollar and fifty 

 cents per registered ton, but if the port be within the above limits 

 she may enter to take "- 



And, to make clear about it, they use the word " catch " afterwards 



" (catch) fish without a license, as well as for the above purposes, 

 but not to buy fish or carry on trade, or for any purpose not above 

 mentioned." 



