150 THE ARGUMENT OP THE UNITED STATES. 



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

 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. 



It is worthy of note that in this report, drafted on the day that the 

 treaty was signed, and with every detail of the negotiations in mind. 

 the American plenipotentiaries referred to the waters covered by 

 the renunciatory clause as " British harbours of North America ; " 

 and when referring to the exclusive rights of the Hudson's Bay Com- 

 pany, stated that the exception of these rights " applies only to the 

 coasts and their harbours and does not affect the right of fishing in 

 Hudson's Bay beyond three miles from the shore, a right which 

 could not exclusively belong to or be granted by any nation." 6 



The treaty itself contained no differentiation between Hudson's 

 Bay arid any other bay, for the language is " without prejudice how- 

 ever, to any of the exclusive rights of the Hudson's Bay Company/' 

 It was, therefore, clearly the belief of the American plenipotentiaries 

 that in any bay, other than one within the British limits of three 

 marine miles from shore, the inhabitants of the United States had 

 the right of fishing " beyond three miles from the shores," inasmuch 

 as this was "a right which could not exclusively belong to or be 

 granted by any nation." 



This observation by the American Commissioners establishes be- 

 yond peradventure that in the negotiations it was recognized by both 

 powers that the " maritime limits of Great Britain " or the " Do- 

 minions of His Britannic Majesty " extended three marine miles from 

 the shores, and comprehended only waters contained therein as had 

 been previously understood between the two Governments. 



The words of the report, " the exception applies only to the coasts 

 and their harbours," shed much light on the understanding of the 

 negotiators. " Coasts and their harbors " were to be excepted from 

 the rights of the American fishermen but beyond three miles from the 

 ** coasts and their harbours " American fishermen were not to be ex- 

 cluded because the rights in those waters could not exclusively 

 belong to any nation. 



These " coasts and their harbours " were within the greater bay 

 Hudson's Bay. This is exactly the historic contention of the United 

 States. The renunciatory clause does not refer to the great outer 



U. S. Case, 54 ; Appendix, 306. 6 U. S. Case, 66 ; Appendix, 306. 



