234 THE ARGUMENT OF THE UNITED STATES. 



THE FRENCH TREATIES. 



It is not proposed to review the French claim of an exclusive right. 

 Reference is made instead to the Counter Case of the United States 

 on that subject." A reason, the existence of which Great Britain 

 always strenuously denied against the French, can with little grace be 

 set up as valid against the United States. The language of the French 

 treaties serves to illustrate the meaning of " coasts " and attention is 

 asked to them in that regard. It will be noted that none of the 

 words " coasts," " bays," " harbours " or " creeks " appears in the 

 French treaties of 1713 and 1748. The word coast, and coast alone, 

 appears first in the French treaty of 1763. 



The Treaty of Utrecht reserved to French subjects the right 



to catch fish and to dry them on land in that part only, and in no 

 other besides that, of the said Island of Newfoundland which 

 stretches from the place called Cape Bonavista to the northern point 

 of the said island and from thence running down on the western side 

 [la partie occidentale] reaches as far as the place called Point Riche. 6 



The treaty of 1748 renewed and adopted the language of the treaty 

 of 1713 without change. Referring to this liberty the treaty of 1763 

 provided that : 



The subjects of France shall have the liberty of fishing and drying 

 on a part of the coasts of the Island of Newfoundland such as is 

 specified in Article XIII of the Treaty of Utrecht, which article is 

 renewed and confirmed by the present treaty, (except what relates 

 to the Island of Cape Breton as well as to the other islands and 

 coasts in the mouth and in the Gulph of St. Lawrence) , c 



The liberty of drying and curing fish on the " coasts " was secured 

 and therefore " coasts " included the bays and harbors and creeks, 

 for in them only can drying and curing take place, and no question 

 was ever raised as to that interpretation. 



The treaty of 1783 changed the " French coast " so that it, " begin- 

 ning at the Cape St. John, passing to the north and descending by the 

 western coast of the Island of Newfoundland, shall extend to the place 

 called Cape Raye." d 



Again the only word used is "coast." And His Majesty in his 

 declaration of September 3, 1783, uses no other word than " coasts " 

 in promising to prohibit " his subjects from interrupting in any 



U. S. Counter Case, 81, et seq. IT. S. Case, Appendix, 52. 



6 U. S. Case, Appendix, 51. *U. S. Case, Appendix, 54. 



