152 THE ARGUMENT OF THE UNITED STATES. 



Reverting to the report of the American plenipotentiaries, it is to 

 be noted that they further advised the Secretary of State : 



It is in that point of view that the privilege of entering the ports 

 for shelter is useful, and it is hoped that with that provision a con- 

 siderable portion of actual fisheries on that coast (of Nova Scotia) 

 will not withstanding the renunciation, be preserved. 



This observation concerned the clause of the treaty : 



Provided, however, That the American fishermen shall be admitted 

 to enter such bays or harbours for the purpose of shelter and of repair- 

 ing damages therein, of purchasing wood and of obtaining water, 

 and for no other purpose whatever. 



The American plenipotentiaries reported that the " privilege of 

 entering the ports for shelter is useful." 



The permission to enter such bays or harbors refers to the re- 

 nounced bays or harbors within the three mile limit on the coasts not 

 designated, that is, on the non-treaty coasts, and the American nego- 

 tiators referred to the bays, harbors, and creeks as ports. This is an 

 important contemporaneous construction of the character of the bays, 

 creeks, or harbors referred to in the renunciatory clause. 



Inasmuch as the complaint of Lord Bathurst to the Government of 

 the United States was against the occupation of "British harbours 

 and creeks in North America," and against fishing " within the creeks 

 and close upon the shores of the British territories," and not against 

 the use of the great outer bays of vast extent, the construction put 

 upon these words by the American negotiators was in harmony with 

 the position of the Government of Great Britain. 



The American negotiators, understanding that the bays, creeks, 

 or harbors renounced were only those contained within the three mile 

 limit of the shores of the British possessions, referred to such waters 

 as ports and hoped that the right of entering the ports for shelter, 

 repairing damages, purchasing wood, or obtaining water would pre- 

 serve a considerable portion of the fisheries along the coast of Nova 

 Scotia. The coast of Nova Scotia included the shores bordering the 

 large bays, as always understood, and the word had historically been 

 so used. This right of shelter made fishing even at a distance of 

 three marine miles from the shore possible, while if no right had been 

 obtained to seek shelter, wood, water, and repairs, the danger of 

 fishing along the coast without the three mile limit would have pre- 



U. S. Case, Appendix, 306. 



