1928 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



tribunal upon this earth of higher consequence than, that which you 

 have now assumed, to substitute your judgment for the war which 

 alone, without such a judgment, could settle the questions of right 

 between these two great countries. I cannot doubt that you will feel, 

 as I feel, that the long, and laborious, and patient, and inconspicuous 

 work of such a proceeding as this is of greater value in the cause of 

 peace among men than a multitude of speeches in congresses and con- 

 ventions, lauding peace and arbitration to the ears of men who are 

 already satisfied to have peace and arbitration. 



The patient attention, the manifest interest of the Tribunal, and 

 the acute and instructive observations which have fallen from the 

 lips of the members of the Tribunal during this argument cannot 

 fail to inspire counsel with a strong desire to contribute something 

 that may be useful to the attainment of a just judgment, as the re- 

 sult of so many and such arduous labours. I shall hope to contribute 

 something. If I fail, it will be my misfortune, and not the fault of 

 my intention. 



The statement of the first question presents, in authentic form, the 

 real attitude of the two nations in respect of its subject-matter. The 

 form is unusual, peculiar. I have not seen it employed in the pre- 

 sentation of questions to arbitral tribunals. 



I will read the article of the treaty to which the question relates, 

 and the question itself. 



The article is: 



"ARTICLE I. 



" Whereas differences have arisen respecting the Liberty claimed 

 by the United States for the Inhabitants thereof, to take, dry and 

 cure Fish on Certain Coasts, Bays, Harbours and Creeks of his 

 Britannic Majesty's Dominions in America, it is agreed between the 

 High Contracting Parties, that the Inhabitants of the said United 

 States shall have forever, in common with the Subjects of His Britan- 

 nic Majesty, the Liberty to take Fish of every kind on that part of the 

 Southern Coast of Newfoundland which extends from Cape Ray to 

 the Rameau Islands, on the Western and Northern Coast of New- 

 foundland, from the said Cape Ray to the Quirpon Islands, on the 

 shores of the Magdalen Islands, and also on the Coasts, Bays, Har- 

 bours, and Creeks from Mount Joly on the Southern Coast 

 1168 of Labrador, to and through the Straits of Belleisle and thence 

 Northwardly indeffinitely along the Coast, without prejudice 

 however, to any of the exclusive Rights of the Hudson Bay Com- 

 pany; and that the American Fishermen shall also have the liberty 

 forever, to dry and cure Fish in any of the unsettled Bays, Harbours, 

 and Creeks of the Southern part or the Coast of Newfoundland here- 

 above described, and of the Coast of Labrador; but so soon as the 

 same, or any Portion thereof, shall be settled, it shall not be lawful 

 for the said Fishermen to dry or cure Fish at such Portion so settled, 

 without previous agreement for such purpose with the Inhabitants, 

 Proprietors, or Possessors of the ground. And the United State 



