190 CASE OF THE UNITED STATES. 



be admitted to the bays and harbors of that coast for four specified 

 purposes and for no other purpose whatever, and, therefore, fishing 

 vessels as such were not entitled to claim the commercial privileges 

 wliich had been extended to other vessels since the treaty of 1818. 

 It will be observed, however, that the only renunciation contained 

 in the renunciatory clause relates not to commerce but to fishing 

 on the coasts referred to, which renunciation is made with the express 

 proviso that fishermen shall nevertheless be permitted to enter the 

 bays and harbors on such coast for four specified purposes. There 

 is nothing in the renunciation, therefore, which applies to com- 

 mercial privileges extended generally to American vessels after the 

 date of the treaty; and as fishing vessels were not expressly exempted 

 from the commercial privileges subsequently extended to American 

 vessels, the provisions of the treaty would seem to have no bearing 

 on either side of the question. That question, however, as above 

 stated, is not submitted for decision in this Case and it is unneces- 

 sary to pursue the discussion of it further, for obviously it has no 

 bearing whatsoever on the question of commercial privileges on the 

 treaty coasts, which question also arose in connection with some 

 of the seizures made during this period, and is considered below in 

 reviewing the resulting diplomatic correspondence. 



Commercial Privileges on the Treaty Coasts. 



In connection wdth Question 7 of the Special Agreement of Jan- 

 uary 27, 1909, relating to commercial privileges on the treaty coasts, 

 attention is called to the interference by the colonial authorities 

 with the American fishing ve'ssels Thomas F. Bayard and the Mas- 

 cot on the west coast of Newfoundland and on the coast of the 

 Magdalen Islands respectively, with reference to which Mr. Bayard, 

 wrote to the British Minister at Washington, on July 30, 1886, as 

 follows : 



By the provisions of Article I of that convention [1818] the liberty 

 to take fish of every kind, forever, in common mth the subjects of His 

 Britannic ^lajesty is secured to the inhabitants of the United States 

 "on that part of the southern coast of Newfoundland, which extends 

 from Cape Ra}^ 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 on the other 

 coasts and shores in the said article set forth. 



Notwithstanding these plain provisions, I regret to be obHged to 

 inform you that by the affidavit of the master of the American fishing 



