100 NOETH ATLANTIC COAST FISHERIES ARBITRATION. 



serted lest otherwise Great Britain would have had the right to 

 exclude the Americans to the three mile line, is inadmissible, be- 

 cause in that treaty that line is not mentioned; 



(h.) Because the correspondence between Mr. Adams and Lord 

 Bathurst also shows that during the negotiations for the treaty the 

 United States demanded the former rights enjoyed under the treaty 

 of 1783, and that Lord Bathurst in the letter of 30th October, 1815 

 made no objection to granting those " former rights " " placed under 

 some modifications." which latter did not relate to the right of fishing 

 in bays, but only to the " preoccupation of British harbours and 

 creeks by the fishing vessels of the United States and the forcible 

 exclusion of British subjects where the fishery might be most ad- 

 vantageously conducted," and " to the clandestine introduction of 

 prohibited goods into the British colonies." It may be therefore 

 assumed that the word " coast " is used in both treaties in the same 

 sense, including bays; 



(<?.) Because the treaty expressly allows the liberty to dry and 

 cure in the unsettled bays, &c., of the southern part of the coast of 

 Newfoundland, and this shows that, a fortiori, the taking of fish 

 in those bays is also allowed ; because the fishing liberty was a lesser 

 burden than the grant to cure and dry, and the restrictive clauses 

 never refer to fishing in contradistinction to dr3-ing. but always to 

 drying in contradistinction to fishing. Fishing is granted without 

 drying, never drying without fishing; 



(d.) Because there is not sufficient evidence to show that the 

 enumeration of the component parts of the coast of Labrador was 

 made in order to discriminate between the coast of Labrador and the 

 coast of Newfoundland; 



(e.) Because the statement that there is no cod-fish in the bays of 

 Newfoundland and that the Americans only took interest in the cod- 

 fishery is not proved ; and evidence to the contrar}^ is to be found 

 in Mr. John Adams' Journal of Peace Negotiations of November 25, 

 1782; 



(/.) Because the treaty grants the right to take fish of every kind, 

 and not only cod-fish; 



{(/.) Because the evidence shows that, in 1823, the Americans were 

 fishing in Newfoundland bays and that Great Britain when sum- 

 moned to protect them against expulsion therefrom by the French 

 did not deny their right to enter such bays. 



Therefore this Tribunal is of opinion that American inhabitants are en- 

 titled to tish in the bays, creeks and harbours of the treaty coasts of New- 

 foundland and the Magdalen Islands and it is so decided and awarded. 



