AWARD OP THE FISHERY COMMISSION. 1549 



ment of this tribunal or not is not for me to say, though to my mind 

 it is a very strong and very forcible one. Keferring to the wording of 

 the treaty itself, and to the Convention of 1818, the first section of the 

 latter states : 



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, harbors, 

 and creeks of His Britannic Majesty's dominions in America, it is agreed between the 

 hi.uli contracting parties, that the inhabitants of tire said (Juited States shall have for- 

 ever, in common with the subjects of His Britannic 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 Newfoundland, 

 from the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, 

 and also on the coasts, bays, harbors, and creeks from Mount Joly, on the southern 

 coast, of Labrador, and to and through the straits of Belle Isle, and thence northwardly 

 indefinitely along the coast, without prejudice, however, to any of the exclusive right's 

 of the Hudson's Bay Company. And that the American fishermen shall also have lil>erty f 

 forev*-r, to dry and cure iL-h in any of the unsettled bays, harbors, and creeks of the 

 southern part of the coast of Newfoundland hereabove described, and of the coast of 

 Labrador ; but so soon as the same, or any portion thereof, chall 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 States hereby renounce forever any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof, to take, dry, or cure tish, on or within 

 three marine miles of any of the coasts, bays, creeks, or harbors of His Britannic Maj- 

 esty's dominions in America, not included in the above-mentioned limits; provided, 

 however, that the American fishermen shall be admitted to enter such bays or harbors 

 for the purpose of shelter and of repairing damages therein, of purchasing wood and 

 of obtaining water, and for no other purposes whatever. But they shall be under 

 such restrictions as may be necessary to prevent their taking, drying, or curing fish 

 therein, or in any other manner whatever abusing the privileges hereby reserved to 

 them. 



Now, in reference to the Washington Treaty, you will find this lan- 

 guage used in the commencement of the 18th Article : 



It is agreed by the High Contracting Parties that, in addition to the liberty secnred 

 to the United States fishermen by the Convention between Great Britain and the 

 United States, signed at London on the 20th day of October, Idl8, of taking, curing, and 

 drying fish on certain coasts of the British North American Colonies therein defined, 

 the inhabitants of the United States shall have, in common with the subjects of Her 

 Britannic Majesty, the liberty, for the term of years mentioned in Article XXXIII of 

 this treaty, to take fish of every kind, except shell fish, on the sea-coasts and shores, 

 and in the bays, harbors, and creeks of the Provinces of Quebec, Nova Scotia, and New 

 Bsnnswick, and the Colony of Prince Edward Island, and of the several islands there- 

 uuto adjacent, without being restricted to any distance from the shore, with permission 

 to land upon the said coasts, and shores, and islands, and also upon the Magdaleu 

 Islands, for the purpose of drying their nets a >d curing their fish ; provided that in so 

 doing they do not interfere with the rights of private property, or with British fisher- 

 men, in the peaceable use of any part of the said coasts in -their occupancy for the said 

 purpose. It is understood that the above-mentioned liberty applies solely to the sea- 

 fishery, and that the salmon and shad fisheries, and all other fisheries in the rivers and 

 mouths of rivers are hereby reserved exclusively for British fishermen. 



I call attention to the fact that, in this very Treaty of Washington, 

 the framers have made as the basis of it, not only the Convention of 1818, 

 but the 1st section of it, and in that section is contained the strong and 

 positive declaration that the Americans shall have the right (and only 

 that right) of coming into British waters for the purposes of obtaining 

 shelter, repairing damages, and of securing wood and water,' and for no 

 other purpose whatever. 1 will now read Article 18 of the Washington 

 Treaty, and the argument 1 wish to found upon it is this: That the 

 High Contracting Parties, or rather the High Commissioners, had before 

 them, when they framed that treaty, the Convention of 1818, the first 

 article of which contains these words : 



That the American fishermen shall he admitted to enter such bays or harbors for the 

 purpose of shelter and of repairing damages therein, of purchasing wood, and of 

 obtaining water, and for no other purpose whatever. 



