2134 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



the rights conferred, the respondents further contend that they have 

 the power to exclude the Indians from the river by reason of such 

 ownership." 



and upon that proposition the Court says (p. 381) : 



" The reservations were in large areas of territory and the negotia- 

 tions were with the tribe. They reserved rights, however, to every 

 individual Indian, as though named therein. They imposed a servi- 

 tude upon every piece of land as though described therein. There 

 was an exclusive right of fishing reserved within certain boundaries. 

 There was a right outside of those boundaries reserved 'in common 

 with citizens of the Territory.' As a mere right, it was not exclusive 

 in the Indians. Citizens might share it, but the Indians were secured 

 in its enjoyment by a special provision of means for its exercise. 

 They were given ' the right of taking fish at all usual and accustomed 

 places,' and the right 'of erecting temporary buildings for curing 

 them.' The contingency of the future ownership of the lands, there- 

 fore, was foreseen and provided for in other words, the Indians 

 were given a right in the land the right of crossing it to the river 

 the right to occupy it to the extent and for the purpose mentioned. 

 No other conclusion would ^ive effect to the treaty. And the right 

 was intended to be continuing against the United States and its 

 grantees as well as against the State and its grantees." 



A question was asked during the discussion upon the French treaty 

 rights, as to what references there were in the correspondence, and 

 Mr. Turner said that an examination would be made. 



We have made such examination as was practicable, although 

 under great difficulty, the only papers accessible to us being two or 

 three French Yellow Books, and the British Blue Books. There were 

 no such publications covering the early history of transactions be- 

 tween Great Britain and France, and the French Yellow Books 

 began in the sixties. There are only three. We have them hero. We 

 have printed some extracts from them which we will hand to our 

 friends on the other side, and hand up to the Court. There is one 

 extract here from the British Blue Book which Mr. Turner read in 

 Court, and which we have reproduced here for your convenience. 



They serve, taken together with the correspondence which is 

 already in the record, particularly the correspondence between Lord 

 Salisbury and M. Waddington, to exhibit in a very clear light the 

 attitudes of the two countries in respect of these rights, and I think 

 they show the relative attitudes of the two countries, not only at the 

 precise time when the letters were written, but historically : they show 

 what it had been from the beginning; and without detaining you to 

 read these letters, I will hand them in. with your permission. 



Now, I wish to say a word about the practical application of the 

 American view of the right conferred upon us by this treaty, and of 

 the way in which the line should be drawn. 



Appendix (K), infra, p. 1422. 



