AWARD OF THE TRIBUNAL. 99 



In regard to this question, it is contended by the United States 

 that the inhabitants of the United States have the liberty under 

 Article I of the treaty of taking fish in the bays, harbours, and creeks 

 on that part of the southern coast of Newfoundland which extends 

 from Cape Ray to Rameau Islands, or on the western and northern 

 coasts of Newfoundland from Cape Ray to Quirpon Islands and on 

 the Magdalen Islands. It is contended by Great Britain that they 

 have no such liberty. 



Now considering that the evidence seems to show that the inten- 

 tion of the parties to the treaty of 1818, as indicated by the records 

 of the negotiations and by the subsequent attitude of the Govern- 

 ments was to admit the United States to such fishery, this Tribunal 

 is of opinion that it is incumbent on Great Britain to produce satis- 

 factory proof that the United States are not so entitled under the 

 treaty. 



For this purpose Great Britain points to the fact that whereas the 

 treaty grants to American fishermen liberty to take fish " on the 

 coasts, bays, harbours, and creeks from Mount Joly on the southern 

 coast of Labrador " the liberty is granted to the " coast " only of New- 

 foundland and to the "shore" only of the Magdalen Islands; and 

 argues that evidence can be found in the correspondence submitted 

 indicating an intention to exclude Americans from Newfoundland 

 bays on the treaty coast, and that no value would have been attached 

 at that time by the United States Government to the liberty of fish- 

 ing in such bays because there was no cod fishery there as there was 



in the bays of Labrador. 

 126 But the Tribunal is unable to agree with this contention: 



(«.) Because the words "part of the southern coast . . . 

 from ... to " and the words " western and northern coast . . . 

 from . . . to," clearly indicate one uninterrupted coast-line; and 

 there is no reason to read into the words " coasts " a contradistinction 

 to bays, in order to exclude bays. On the contrary, as already held in 

 the answer to Question V, the words " libert}'^, forever, to dry and cure 

 fish in any of the unsettled bays, harbours and creeks of the southern 

 part of the coast of Newfoundland hereabove described," indicate 

 that in the meaning of the treaty, as in all the preceding treaties 

 relating to the same territories, the words coast, coasts, harbours, 

 bays, &c., are used, without attaching to the word " coast " the spe- 

 cific meaning of excluding bays. Thus in the provision of the 

 treaty of 1783 giving liberty " to take fish on such part of the coast 

 of Newfoundland as British fishermen shall use," the word " coast " 

 necessarily includes bays, because if the intention had been to pro- 

 hibit the entering of the bays for fishing the following words " but 

 not to dry or cure the same on that island." would have no meaning. 

 The contention that in the treaty of 1783 the word " bays " is in- 



