1830 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



we give you a liberty, and that expression is the one referred to by 

 Lord Castlereagh when beginning his negotiation in 1814 for the 

 treaty of 1818. 



SIR CHARLES FITZPATRICK: The preposition "on" in article 3 of 

 the treaty of 1783, of course, applies to bays and creeks as it does 

 to coasts, grammatically construed ? 



SIR W. ROBSON: Yes. 



SIR CHARLES FITZPATRICK : So that it should be read " and also 

 on the coasts, on the bays, and on the creeks." 



SIR W. ROBSON : I think the word " on " means " in " there. 



SIR CHARLES FITZPATRICK: And in article 1 of the treaty of 1818 

 adopting that principle there in connection with the renunciatory 

 clause you would say : "or within 3 marine miles of any of the coasts, 

 or within 3 marine miles of any of the bays, creeks, or harbours." 

 It has to be repeated again grammatically construed? 



SIR W. ROBSON : Yes, that is so. Of course, it makes it quite clear 

 to say " within three marine miles of any of the bays, or within three 

 marine miles of any of the creeks," and so on. 



SIR CHARLES FITZPATRICK: So that it is not necessary from the 

 standpoint of grammatical construction to repeat the word " on" ? 



SIR W. ROBSON : I am obliged, Sir Charles, for the reminder. The 

 point I was going to make was this that Lord Castlereagh I will 

 read the letters on Monday takes up this question. At the Treaty 

 of Ghent they unfortunately had been unable to settle it, and there- 

 fore they left it open for further negotiation. When they begin to 

 negotiate preliminary to the treaty of 1818, Lord Castlereagh draws 

 attention to the two parts of the third article of the treaty of 1783, 

 the first part relating to the right which was concerning the high 

 seas, and the second part relating to our maritime jurisdiction. Now, 

 then, when you turn to the second part, you see that this liberty is 

 covered by the phrase " maritime jurisdiction." It is not merely 

 coasts but bays. They are both covered. Although bays be a 

 geographical part of the coasts, yet they are specially mentioned so 

 that there will be no doubt about it. And yet, Mr. Warren went 

 gaily on as if " maritime jurisdiction " referred only to the 3-mile 

 limit. 



DR. DE SAVORNIN LOHMAN : The intention of the question which I 

 put was not to ask if there was a distinction between " bays " and 

 " coasts " in the juridical sense, but it cannot be denied that the 

 Americans had the right to fish on the shores of the bays by the 

 treaty of 1783. That was a .fact, was it not? 



SIR W. ROBSON : Yes. 



DR. DE SAVORNIN LOHMAN: That right existed until the war. and 

 after the war the Americans maintained that they still had the right 

 to fish on the shores, and also on the shores of the bays, but it was 



