236 THE ARGUMENT OF THE UNITED STATES. 



from the indentations of the shore. By that treaty liberty was given 

 to United States fishermen to take fish 



" On the sea-coasts and shores, and in the bays, harbours and creeks 

 of Canada, New Brunswick, Nova Scotia, Prince Edward Island and 

 of the several islands thereunto adjacent." 



This extract from the treaty, quoted in the British Case, has to be 

 taken away from its context and set apart by itself to lend color to 

 the British contention. 



When examined as a whole it is self evident that " coast " in the 

 treaty of 1854 is used in the sense ascribed to it in this argument, i. e., 

 as inclusive of bays, harbors and creeks. 



In the first place the preamble to the treaty recites : 



The Government of the United States being equally desirous with 

 Her Majesty the Queen of Great Britain to avoid further misunder- 

 standing between their respective citizens and subjects in regard to 

 the extent of the right of fishing on the coasts of British North 

 America, secured to each by Article I of a convention between the 

 United States and Great Britain, signed at London on the 20th day 

 of October, 1818. 6 



Article I provides: 



It is agreed by the high contracting parties that in addition to the 

 liberty secured to the United States fishermen by the above mentioned 

 convention of October 20, 1818, of taking, curing and drying fish on 

 certain coasts of the British North American Colonies therein defined, 

 the inhabitants of the United States shall have, in common with the 

 subjects of Her Britannic Majesty, the liberty to take fish of every 

 kind, except shell fish, on the sea coasts and shores, etc. 



It must be conceded that " coast," as used in the extracts quoted 

 above, includes bays, harbours, and creeks. Thus in Article I, the ref- 

 erence to the rights of the United States of curing and drying fish 

 acquired under the treaty of 1818 is in the words " curing and drying 

 fish on certain coasts" although in the treaty of 1818 the language 

 is " to dry and cure fish in any of the unsettled bays, harbours and 

 creeks." 



The preamble quoted above, stating the misunderstanding which it 

 was desired to avoid, uses the word " coasts " alone, although the 

 seizures that had given rise to the negotiation had been made in bays, 

 harbors, or creeks. Clearly the word " coast " as used here embraced 

 bays, creeks, and harbors. 



With reference to the duties of the commissioners, who were to be 

 appointed under that treaty, Article I reads: 



Such commissioners shall proceed to examine the coasts of the 

 North American provinces and of the United States, embraced within 



British Case, 125. U. S. Case, Appendix, 25. 



