ARTICLE I OF TREATY OF 1818. 61 



The question of the extent of the coasts on which such liberties were 

 to be reserved was the subject of discussion in the negotiations, but it 

 was settled beyond the possibility of question that the fishing rights 

 to be exercised on such coasts were to be the same as those exercised 

 on the same coasts under the provisions of the treaty of 1783. 



The intimate relationship between the provisions of the new fish- 

 eries article and the provisions of the second clause of Article III of 

 the treaty of 1783 will become evident from a comparison of the cor- 

 responding provisions of the two treaties. 



The second clause of Article III of the treaty of 1783 provides : 



And also [it is agreed] that the inhabitants of the United States 

 shall have liberty to take fish of every kind on such part of the coast 

 of Newfoundland as British fishermen shall use (but not to dry or 

 cure the same on that island) and also on the coasts, bays and creeks 

 of all other of His Britannic Majesty's dominions in America; and 

 that the American fishermen shall have liberty to dry and cure fish 

 in any of the unsettled bays, harbours and creeks of Nova Scotia, 

 Magdalen Islands, and Labrador, so long as the same shall remain 

 unsettled ; but so soon as the same or either of them shall be settled, 

 it shall not be lawful for the said fishermen to dry or cure fish at 

 such settlements, without a previous agreement for that purpose with 

 the inhabitants, proprietors or possessors of the ground.** 



The corresponding provisions of the new article are as follows : 



It is agreed between the High Contracting Parties, that the Inhabi- 

 tants 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 Hay to the Rameau Islands, on the West- 

 ern and Northern Coast of Newfoundland, fi'om 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 Belle- 

 isle 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 New- 

 foundland 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 previous agreement for such purpose with 

 the Inhabitants, Proprietors, or Possessors of the ground.'' 



By a comparison of the provisions above quoted from these two 

 articles, it will be seen that, in effect, there are only three points of 

 difference between them. 



a Appendix, p. 24. * Appendix, p. 25. 



