1836 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



for the right of fishery and when I say asking for it, I mean con- 

 sidering it with a view to demanding it why did they not simply 

 say "coast"? When they are talking about the inshore fisheries 

 they begin by saying they want to fish in " coasts, bays, creeks and 

 harbours." Why do they trouble to say anything ;il>out coast, bays. 

 creeks, and harbours? Well, there was this reason, if they had said 



" inshore fisheries," I dare say that might have served their 

 1110 purpose. But they were accustomed to have bays separately 



treated. The statesmen who were making these demands, and 

 who ultimately signed this treaty, had always treated a bay as a 

 part of the coast requiring special consideration and attention, and 

 therefore, although there may not have been any special need to 

 enumerate them in 1779, they did it; it may be partly from habit, 

 partly from caution. 



Now, it was the United States Congress that did it. There is the 

 .first good instance there are many, and I am not going to take them 

 all but the first good instance (British Counter-Case Appendix, p. 

 12) is in 1779, when Congress is considering the point, and they say 

 in paragraph 3, under the heading " 1779," where they are putting 

 forward their demand for bays : 



" That a common right in these States to fish on the coasts, bays 

 and banks of Nova Scotia, banks of Newfoundland, and gulph of 

 St. Lawrence, coast of Labrador and streights of Belleisle, be ac- 

 knowledged," 



And then it goes on at the latter part : 



" That in case Great Britain should not be prevailed upon either 

 to cede or declare Nova Scotia independent, the privilege of curing 

 fish on the shores and in the harbours of Nova Scotia be required." 



Now, that paragraph, as I say, is a very good illustration of what 

 I have just referred to as common ground between myself and those 

 who make the suggestion that bays and creeks are somewhat unneces- 

 sarily used at this stage of the proceeding. 



If the United States Congress had thought that the word " coast " 

 was quite inclusive of everything it wanted in regard to bays, it 

 would probably have contented itself with the word "coast.'' No\v 

 it did not. 



Those resolutions are not hastily drafted. This resolution of 

 Congress is one that would be carefully considered. Although they 

 had been fighting for about five years at that time a heroic and 

 exhausting struggle, they were anxious for peace, and though they 

 were anxious to get all they could, yet they would be very careful not 

 to ask terms that would make peace difficult. And so they had very 

 carefully considered this clause, and the language they are using 

 first of all is. " roasts, bays and banks." Now. what an extraordinary 



