244 THE ARGUMENT OF THE UNITED STATES. 



NINETY YEARS OF INTERPRETATION ADVERSE TO THE BRITISH 



CONTENTION. 



In Sir Robert Bond's speech of April 7, 1905, delivered in the 

 Colonial Assembly of Newfoundland, he said: 



I believe I am correct in saying that it is the first time that this 

 position has been taken and if I am correct in my interpretation of 

 the treaty of 1818 the whole winter herring fishery of the west coast 

 has been carried on for years by the Americans simply at the suffer- 

 ance of the government of this colony. 



As between individuals this statement would have placed him out 

 of court on this Question/ The law of England and the United 

 States does not favor the slothful, and acquiescence for a long term 

 of years creates a prescription. As between nations, contemporaneous 

 and continuous construction should be equally controlling. 



But the United States does not rest its case on mere acquiescence. 

 For ninety years Great Britain has agreed with the United States 

 that American fishermen were entitled to fish in those waters. 



The Counter Case of the United States points out that "American 

 fishermen at once began to engage in fishing in the bays, creeks, and 

 harbours as well as in all the other waters of the west coast of New- 

 foundland." 6 Some thirty American vessels were fishing in the 

 bays of the west coast in 1820 and 1821 and were ordered off by 

 French vessels of war. Great Britain, in the subsequent negotia- 

 tions, confirmed the American right in the bays and France discon- 

 tinued its interference with that right. 



The Counter Case further points out that in 1857 Great Britain 

 recognized the right of Americans to take fish in the bays of the west 

 coast of Newfoundland. 



It is difficult to see how the present contention of Newfoundland 

 can be advanced in view of the express admission made in the British 

 case before the Halifax Tribunal in 1877, which is set forth in the 

 Counter Case of the United States.* Newfoundland had every in- 

 ducement in the Halifax proceedings to minimize the extent of fish- 

 ing grounds secured by the treaty of 1818, because the colony was 

 seeking compensation for the additional liberties extended to the 

 United States by the treaty of 1871. Nevertheless it was in precise 



U. S. Case, 245 ; U. S. Counter Case, Appendix, 414. 

 *TJ. S. Counter Case, 89 et seq. 

 U. S. Counter Case, 99. 

 * U. S. Counter Case, 101. 



