96 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



of it in the same sphere by the United States; notably in relations 

 with France, for instance in 1823 when they applied to Great Britain 

 for the protection of their fishery in the bays on the western coast of 

 Newfoundland, whence they had been driven by French war-vessels 

 on the ground of tlie pretended exclusive right of the French. 

 Though they never asserted that their fishermen had been disturbed 

 within the three mile zone, only alleging that the disturbance had 

 taken place in the bays, they claimed to be protected by Great Brit- 

 ain for having been molested in waters which were, as Mr. Rush 

 stated, " clearly within the jurisdiction and sovereignty of Great 

 Britain." 



6. It has been contended by the United States that the words 

 " coasts, bays, creeks or harbours " are here used only to express 

 different parts of the coast, and are intended to express and be 

 equivalent to the word " coast," whereby the three marine miles 

 would be measured from the sinuosities of the coast and the renun- 

 ciation would apply only to the waters of bays within three miles. 



But the Tribunal is unable to agree with this contention : 



(a.) Because it is a principle of interpretation that words in a 

 document ought not to be considered as being without any meaning 

 if there is not specific evidence to that purpose and the interpretation 

 referred to would lead to the consequence, practically, of reading the 

 words " bays, creeks and harbours " out of the treaty; so that it would 

 read " within three miles of any of the coasts " including therein the 

 coasts of the bays and harbours; 



(h.) Because the word "therein" in the proviso — "restrictions 

 necessary to prevent their taking, drying or curing fish therein " — 

 can refer onh^ to " bays," and not to the belt of three miles along 

 the coast; and can be explained only on the supposition that 

 124 the Avords " bays, creeks and harbours " are to be understood 

 in their usual ordinary sense and not in an artificially re- 

 stricted sense of bays within the three mile belt : 



(c.) Because the practical distinction for the purpose of this 

 fishery between coasts and bays and the exceptional conditions per- 

 taining to the latter has been shown from the correspondence and 

 the documents in evidence, especially the treaty of 1783, to have 

 been in all probability present to the minds of the negotiators of the 

 treaty of 1818 ; 



(d.) Because the existence of this distinction is confirmed in the 

 same article of the treaty by the proviso permitting the United 

 States fishermen to enter bays for certain purposes ; 



(e.) Because the word " coasts " is used in the plural form, 

 whereas the contention would require its use in the singular; 



(/.) Because the Tribunal is unable to understand the term 

 " bays " in the renunciatory clause in other than its geographical 



