1554 AWARD OF THE FISHERY COMMISSION. 



tween the High Contracting Parties that the inhabitants of the said United States 

 .ball have forever, in common with the subjects of His Britannic Majesty, the liberty 

 to take ti>h of every kind on that part of the southern coast of Newfoundland which 

 extends Ircm Cape Kay to the Kameau Islands; on the western and northern coast of 

 Newfoundland, from wn'd Cape Kay to the Qnipron Islands; on the shores of the Mag- 

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

 oulbern coat of Labrador, to and through the Straits of Belleisle, and thence north- 

 wardlv milt-finite y along the coast, without, prejudice, however, to any of the exclu- 

 sive nghts of the Hudson's Bay Company. And that the American fishermen shall 

 also have liberty, forever, to dry and cure fish in any of the unsettled bays, harbors, 

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

 iiii.l of tl.e coast of Labrador ; but so soon as the same, or any portion thereof, shall be 

 bettled, it t-hall not be lawful for the said fishermen to dry or cure fish at such portion 

 KO M-t tied, without previous agreement fT such purpose, with the inhabitants, proprie- 

 t< n,or possessors of the ground. And the United States hereby renounce forever any 

 liberty heretofore enj-iyed or claimed by the inhabitants thereof, to take, dry, or cure 

 liah on or within three marine miles of any of the coasts, bays, creeks, or harbors of Hie 

 Ilritaimii 1 Majesty's dominions in America, not included within the above-mentioned 

 limits : Provided, however, That the American fishermen shall be permitted to enter 

 nidi 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. But 

 they shall be under such restrictions as may be necessary to prevent their taking, dry- 

 ing! or curing fish therein, or in any other manner whatever abusing the privileges 

 hereb reserved to them. 



iv, 1 want to say, may it please your excellency and your honors, 

 I think it most extraordinary that the learned agent of the United States, 

 and a man of his high standing and great ability, should take this mat- 

 ter up and distinctly assert that what took place in 1815 had the slight- 

 est bearing on the subsequent agreement which was made with refer- 

 ence to the particular class mentioned the fishermen between these 

 two nations. I must confess I cannot see the slightest bearing it has 

 on the Convention of 1818. I deny that the construction urged by the 

 agent of the United States is correct 5 and if it were necessary to do 

 so, I think I would be able to convince this tribunal that the contention 

 of Mr. Foster is entirely erroneous. Still, I put it out of consideration 

 altogether, as being in no way connected with the matter at present at 

 issue. What have you to do with it? We stand here by the Treaty of 

 181X. which was a definite treaty affecting the fishermen of the United 

 States and the fisheries on the shores of these provinces. By the terms 

 of that treaty the fishing-vessels of the United States and their fisher- 

 men were prohibited from coming within three miles of our shores and 

 of all our bays for any purpose whatever, with three exceptions, that is 

 to say, they might resort to our harbors for the purpose of shelter in case 

 of storms, to make repairs in case of necessity, and to procure wood and 

 water, ami if they went into these places for any other purpose what- 

 ever, their vessels were liable to forfeiture j yet though this was the 

 case, as my learned friend on the other side well knows, they incurred 

 liability time and again. Vessel after vessel of theirs was con- 

 oued from the making of this treaty up to the present time, and has 

 that treaty ever been abrogated f There is no pretense for saying that 

 tlie case. That treaty stands in as much force to-day as it did in 

 I!', the year after which it was passed, with one exceptiou 

 ly, except in so far as it is interfered with by the Treaty of Wash- 

 ">\v, let me turn your attention to what the Treaty of Wash- 

 es were renounced 

 have conferred on the 

 The IStb article of the 

 ugtoa declares 



,iu M T v ~ V1II 'i I* '", "^i-" 4 '' 1 ! >y lho In h Contracting Parties that, in addition to the 



inted States li.slu.rnien by the Convention betweeu Great Britan 



feUU-s, aigned at London ou the 20th day of October, 181H, of taking, 



