AWAKD OF THE TRIBUNAL. 93 



waters in Fuca Straits at distances from the shore as great as 17 

 miles. 



The United States contend, moreover : 



2. That by the use of the term " liberty to fish," the United States 

 manifested the intention to renounce the liberty in the waters re- 

 ferred to only in so far as that liberty was dependent upon or 

 derived from a concession on the part of Great Britain, and not to 

 renounce the right to fish in those waters where it was enjoyed by 

 virtue of their natural right as an independent State. 



But the Tribunal is unable to agree with this contention: 

 (a.) Because the term " liberty to fish " was used in the renuncia- 

 tory clause of the treaty of 1818 because the same term had been 

 previously used in the treaty of 1783 which gave the liberty ; and it 

 was proj)er to use in the renunciation clause the same term that 

 was used in the grant with respect to the object of the grant; and, 

 in view of the terms of the grant, it would have been improper to 

 use the term '' right " in the renunciation. Therefore the conclu- 

 sion drawn from the use of the term " liberty " instead of the term 



" right " is not justified; 

 122 {h.) Because the term "liberty" was a term properly ap- 



plicable to the renunciation which referred not only to fish- 

 ing in the territorial waters, but also to drying and curing on the 

 shore. This latter right was undoubtedly held under the provisions 

 of the treaty and was not a right accruing to the United States by 

 virtue of any principle of international law. 



3. The United States also contend that the term " baj^s of His 

 Britannic Majesty's Dominions " in the renunciatory clause must be 

 read as including only those bays which were under the territorial 

 sovereignty of Great Britain. 



But the Tribunal is unable to accept this contention : 

 (a.) Because the description of the coast on which the fishery is 

 to be exercised by the inhabitants of the United States is expressed 

 throughout the treaty of 1818 in geographical terms and not by 

 reference to political control; the treaty describes the coast as con- 

 tained between capes. 



[b.) Because to express the political concept of dominion as equiv- 

 alent to sovereignty, the word " dominion " in the singular would 

 have been an adequate term and not " dominions " in the plural ; 

 this latter term having a recognised and well settled meaning as 

 descriptive of those portions of the earth which owe political alle- 

 giance to His Majesty, e. g., "His Britannic Majesty's Dominions 

 beyond the Seas." 



4. It has been further contended by the United States that the 

 renunciation applies only to bays six miles or less in width " inter 

 fauces terras," those bays' only being territorial bays because the three 



92909°— S. Doc. 870. 61-S. vol 1 7 



