2 CASE OF THE UNITED STATES. 



Thereafter, on the 29th day of January, 1909, the United States 

 and Great Britain entered into a Special Agreement for the sub- 

 mission of questions relating to the fisheries on the Xorth Atlantic 

 coast under the general treaty of arbitration above referred to, con- 

 cluded between the United States and Great Britain on the 4th day 

 of April, 1908, which Special Agreement, pursuant to the require- 

 ment of Article II of the aforesaid general arbitration treaty de- 

 fines " the matter in dispute, the scope of the powers of the arbitra- 

 tors, and the periods to be fixed for the formation of the arbitral 

 tribunal and the several stages of the procedure," and notes con- 

 firming it were exchanged by the two Governments on March 4, 1909. 



The provisions of this Special Agreement, so far as they relate to 



the matter in dispute and the scope of the powers of the arbitrators, 



are as follows: 



Article I. 



Wliereas, by Article I of the Convention signed at London on the 

 20th day of October, 1818, between Great Britain and the United 

 States, it was agreed 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, Harbours 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 have 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 

 Rameau Islands, on the Western and Northern Coast of Newfoundland, from 

 the said Cape Ray to the Quirpon Islands, on the shores of the Magdalen Islands, 

 and also on the Coasts, Bays. Harbours, and Creeks from Mount Joly on the 

 Southern Coast of Labrador, to and through the Straits of Belleisle and thence 

 Northwardly indefinitely along the Coast, without prejudice however, to any of 

 the exclusive Rights of the Hudson Bay Company ; and that the American 

 Fishermen shall also have liberty 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, and of the Coast of Labrador; but 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 pre- 

 vious agreement for such purpose with the Inhabitants, Proprietors, or Pos- 

 sessors of the ground. — And the United States hereby renounce forever, any 

 Liberty heretofore enjoyed or claimed by the Inhabitants thereof, to take, dry, 

 or cure Fish on, or within three marine Miles of any of the Coasts, Bays, 

 Creeks, or Harbours of His Britannic Majesty's Dominions in America not 

 included within the above mentioned limits ; provided, however, that the Ameri- 

 can Fishermen shall be admitted to enter such Bays or Harbours for the purpose 

 of Shelter and of repairing Damages therein, of purchasing Wood, and of 

 obtaining Water, and for no other purpose whatever. But they shall be under 

 such Restrictions as may be necessary to prevent their taking, drying or curing 

 Fish therein, or in any other manner whatever abusing the Privileges hereby 

 reserved to them. 



And, whereas, differences have arisen as to the scope and meaning 

 of the said Article, and of the liberties therein referred to, and other- 

 wise in respect of the rights and liberties which the inhabitants of 

 the United States have or claim to have in the waters or on the shores 

 therein referred to: 



