1576 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



these able and learned negotiators altogether, and never were pro- 

 vided for at all. 



In that connection I perhaps ought to read the renunciatory 

 clause : 



"And the United States hereby renounce forever any liberty here- 

 tofore enjoyed or claimed by the inhabitants thereof to take, dry, or 

 cure fish, on, or within three marine miles of any of the coasts, bays, 

 creeks or harbors of His Britannic Majesty's dominions in America 

 not included within the above-mentioned limits." 



So we did not renounce them. And according to Sir Robert Bond, 

 the United States did not receive them. 



In that connection I want to refer to some language in In re Har- 

 rison, in 1885, the 30th Chancery Division, at pp. 393 and 394, where 

 Lord Esher says : 



" There is one rule of construction which, to my mind, is a golden 



rule, namely that when a testator has executed a will, in solemn 



form, you must assume that he did not intend to make it 



954 a solemn farce; that he did not intend to die intestate, when 



he has gone through the form of making a will. You ought, 



if possible, to read the will so as to read to a testacy, not to an 



intestacy. This is a golden rule." 



But if Sir Robert Bond's contention is correct in this particular, 

 then these negotiators enacted a solemn farce. In attempting to 

 dispose of this whole controversy they left out a most important part 

 of the controversy. The King of France and 40,000 men marched up 

 a hill and then marched down again, so far as the bays of the west 

 coast were concerned. 



Second, it is clear that the United States fishermen, under Sir 

 Robert Bond's contention, have no right of shelter, repairs, wood, or 

 water, in the bays of the treaty coasts, because the provision in the 

 renunciatory clause is this : 



" Provided, however, that the American fishermen shall be ad- 

 mitted to enter such bays or harbors for the purpose of shelter and of 

 repairing damages therein, of purchasing wood and of obtaining 

 water, but for no other purpose whatever." 



Now, what are " such " bays ? It immediately follows the words 

 of the renunciatory clause, and is a part of it ; that is to say, the bays 

 of the non-treaty coasts, the ones that we had just renounced. So 

 that the United States fishermen are in the peculiar position of being 

 allowed to fish along a 3-mile strip on the western coast of New- 

 foundland and the other places, but in case of a storm they must come 

 all the way around here (indicating on map) to get on to the non- 

 treaty coast, to get any shelter, or if they are short of wood and 

 water, or need to make repairs, under the terms of this treaty, they 

 cannot do it, because the right of entry to harbours was only on the 

 non-treaty coasts. This was admitted by Sir James Winter, when 



