1888 AWARD OF THE FISHERY COMMISSION. 



ennen in the peaceable use of any part of the said coasts in their occupancy for the 

 same 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 rivers and in the 

 month* of rivers, are hereby reserved exclusively for British fishermen. 



Article I of the Convention of 1818 is as follows: 



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 

 High Contracting Parties that the inhabitants of the said United States shall hare, 

 forever, 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 Rameaa Islands, on the western and northern coast of Newfoundland, 

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

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

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

 indefinitely along the coast, without prejndice, however, to any of the exclusive rights 

 of the Hudson Bay Company ; and that the American fishermen shall also hare liberty, 

 forever, to dry and cure fish 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; bat 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 possesson 

 of the ground. And the United States hereby renounce forever any liberty heretofore 

 enjoyed, or claimed by the inhabitants thereof, to take, dry, or enre fish 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 within the above-mentioned limits. Pro- 

 vided, however, that the American fishermen shall be admitted to enter snch 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. Bnt they shall be 

 under sneh restrictions as shall be necessary to prevent their taking, drying, or curing 

 tish therein, or in any other manner whatever abasing the privileges hereby reserved 

 to them. 



The controversy tarns upon the true effect of the renunciation on the 

 part of the United States "of any liberty heretofore enjoyed or claimed 

 by the inhabitants thereof to take, dry, or care fish ou or within three 

 marine miles of any of the coasts, bays, creeks, or harbors of His Bri- 

 tannic Majesty's dominions in America," not included within certain 

 above-mentioned limits. 



On the part of Great Britain it is maintained that the United States 

 fishermen were prohibited from fishing within three marine miles of the 

 entrance of any of such bays, creeks, or harbors of His Britannic Majes- 

 ty's dominions in America, while the United States Government contend 

 that the United States fishermen were permitted by that article to fish 

 in the said bays, creeks, or harbors, provided they did not approach 

 within three miles of the shore in the pursuit of their calling. 



The correspondence between the Government of Great Britain and 

 that of the United States, a portion of which is set out in the United 

 States brief, shows that with the exception of the Bay of Fnndy, which, 



r exceptional reasons, and by the indulgence of Great Britain, was 

 ifferently treated, Her Majesty's Government has uniformly contended 

 for the con.struction now relied on. 



This correspondence as well as the utterances of American statesmen, 

 support the construction contended for by Great Britain. 



Mr. Stevenson, United States minister In London, in 1841, March 27, 



writing to Lord Palmerstou, then foreign secretary, puts the two viewa 



ery clearly, The provincial authorities," he says, " assume a right to 



slude the vessels of the United States from all their bays (even in- 

 cluding those of Fandy and Chaleurs), and likewise to prohibit their 

 approach within the three miles of a line drawn from headland to head- 

 land, instead of from the indents of the shores of the provinces. The 



