ARTICLE I OF TEEATY OF 1818. 65 



already examined of the second clause of Article III of the earlier 

 treaty. The new provisions referred to are as follows : 



And the United States hereby renounce forever, any Liberty here- 

 tofore 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 Amer- 

 ica not included within the above mentioned limits; provided, how- 

 ever, that the American Fishermen shall be admitted to enter such 

 Bays or Harbours for the purpose of Shelter and of repairing Dam- 

 ages therein, of purchasing Wood, and of obtaining Water, and for 

 no other purpose whatever. But they shall be under such Restric- 

 tions 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." 



It will be remembered that no question had at any time been raised 

 throughout the entire history of this controversy as to the fisheries 

 covered by the first clause of the fisheries article of the treaty of 

 1783, and in fact the word " right " and not the word " liberty," is 

 used, with reference to those fisheries, so that the word " liberty " here 

 used could not have been intended to refer to any other fisheries than 

 those covered by the second clause. In this connection attention is 

 again called to the following statement made in the report of the 

 American Plenipotentiaries with respect to the purpose and effect of 

 the renunciation of the liberty referred to: 



It will also be perceived that we insisted on the clause by which 

 the United States renounce their right to the fisheries relinquished 

 by the convention, that clause having been omitted in the first British 

 counter-projet. We insisted on it with the view — 1st. Of prevent- 

 ing any implication that the fisheries secured to us were a new 

 grant, and of placing the permanence of the rights secured and of 

 those renounced precisely on the same footing. 2d. Of its being 

 expressly stated that our renunciation extended only to the distance 

 of three miles from the coasts. This last point was the more impor- 

 tant, as, with the exception of the fishery in open boats within cer- 

 tain harbors, it appeared, from the communications above mentioned, 

 that the fishing-ground, on the whole coast of Nova Scotia, is more 

 than three miles from the shores ; whilst, on the contrary, it is almost 

 universally close to the shore on the coasts of Labrador. It is in 

 that point of view that the privilege of entering the ports for slielter 

 is useful, and it is hoped that, with that provision, a considerable 

 portion of the actual fisheries on that coast (of Nova Scotia) will, 

 notwithstanding the renunciation, be preserved.^ 



As has been shown in reviewing the course of events which led 

 up to this treaty. Great Britain throughout the entire controversy 



"Appendix, p. 25. ^ Supra, p 55. 



