1818 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



If they are found trading or fishing there, absolute confiscation is the 



result 



1099 Well now, can any one suggest that there is any limitation 

 there on the word? None. 



I wish to be followed closely by the United States in this, to see at 

 what point of time they say that these nations began to treat " bays " 

 in the same way as the rest of the coast. They are not doing it here. 

 They do not say that nobody shall come on the coast under penalty 

 of confiscation. They only say you shall not go into those bays which 

 we regard as our own territory. That is in 1686. 



Next comes 1713. There, again, exactly the same policy adopted 

 and treated as internationally permissible by treaty. That is at the 

 same page : 



" The said Most Christian King shall restore to the kingdom and 

 Queen of Great Britain, to be possessed in full right for ever, the Bay 

 and Straits, of Hudson," 



Now, they gave there to Great Britain the whole Bay of Hudson, 

 an enormous gift, undoubtedly covering what would ordinarily be 

 considered as international waters, " together with all lands, seas, 

 sea coasts, rivers, and places situate in the said bay." The whole sea 

 was given there. Later on there is a passage which I think is really 

 not quite fair of the negotiators to the treaty of 1818, when they are 

 trying to vindicate their own sagacity. They say it is true we did 

 allow that we were not to prejudice the rights of the Hudson's Bay 

 Company, but after all, we can contend that their rights are limited 

 to the 3 miles from the coast. Well, that was a most unfair sugges- 

 tion, because they must have known perfectly well that the rights of 

 the Hudson's Bay Company were, as is indicated by this treaty, exclu- 

 sive over the whole bay. They knew that perfectly well, that the 

 rights of that company were actually exclusive over the whole of this 

 bay. 



And then it goes on, in section 12, at the end, I need not read the 

 whole of it, but Nova Scotia was to be ceded to Great Britain, and 

 how was it to be ceded, what was the form of it, what is it to carry 

 with it the cession ? 



" and that in such ample manner and form, that the subjects of the 

 Most Christian King shall hereafter be excluded from all kind of 

 fishing in the said seas, bays, and other places," 



It is rather interesting to note that word " said " because the refer- 

 ence to bays and seas does not appear in the earlier part, and yet the 

 word " said " is referred to as if it was used on some previous occasion 

 where " bays " had been used. It had not been used. 



Then, why do they speak of " the said bays " ? Simply, because 

 having given or ceded Nova Scotia it is assumed it carries the " bays " 

 with it The mere cession of the land was by them taken as proving 



