2140 NORTH ATIjANTTC COAST FISHERIES ARBITRATION. 



cure fish on or within three marine miles of any of the coasts, bays, 

 creeks or harbors of His Britannic Majesty's dominions in America, 

 not included within the above mentioned limits." 



" The above-mentioned limits " were, of course, the limits of what 

 we call the treaty coast, the west coast of Newfoundland, a portion of 

 the south coast of Newfoundland, and the coast of Labrador, and the 

 Magdalen Islands. 



The question as to the scope of this renunciation appears to turn 

 upon the meaning to be given to the word " bays." 



The inhabitants are not to take, dry, or cure fish on or within 3 

 marine miles of any of the coasts, bays, creeks, or harbours. 



It is not suggested that there can be any question about the meaning 

 or scope to be given to the word " creeks " or to the word " harbours,'* 

 but the word " bays " is, by our friends on the other side, taken out 

 of the category in which it was placed, and has a meaning ascribed 

 to it making it cover all these great indentations dividing the coasts 

 of New Brunswick, Nova Scotia and Cape Breton, Prince Edward 

 Island, and indenting the shores of New Brunswick, and of New- 

 foundland. 



On the other hand, the United States contend that the " bays " 

 contemplated are the " bays " which are naturally to be classified with 

 creeks and harbours, occuring along the coast, and separating dif- 

 ferent coasts, different portions of the coasts, and which are to be 

 found along the different coasts of these great indentations. That is 

 to say, that the " bays " referred to there are these smaller bays run- 

 ning off, to be found all along these different coasts. And, that the 

 word had not in the minds of the negotiators, the makers of the 

 treaty, any reference to these great bodies of water. 



I should add a statement as to the British contention. It is that 



the word "bays" is used in a geographical sense, so that all 



1294 these great bays are included, because they were known to the 



world as "bays," appeared on maps as "bays," and were what 



everybody knew to be " bays." 



The question is not a negligible one, it is serious, and cannot be 

 decided as a matter of first impression by saying that " bays" means 

 "bays." If it could be decided in that way, we should ha*ve been 

 spared this long discussion. 



The more it has been studied, the more the history of the time and 

 of the negotiation has been studied, the more cause the student has 

 found to question that simple and easy surface disposition of the 

 matter. 



That the contention of the United States is entitled to very careful 

 consideration before it is dismissed is made manifest by the farct that 

 the Government of Great Britain once reached the same conclusion 

 which the United States now present to the Tribunal, and stated 



