QUESTION SIX. 247 



to maintain in their full integrity the facilities for prosecuting the 

 fishing industry on certain limited portions of the coast which are 

 expressly granted to citizens of the United States. 



With reference to these incidents the British Counter Case dealing 

 with Question Seven makes the following frank admission, after 

 quoting in full a specimen of the warning notices : 



These warning notices related first, to fishery rights and secondly 

 to purchases in connection with fishery operations; and so far as 

 they referred to -fishery rights they were clearly improper in so far 

 as they applied to treaty coasts. It is obvious therefore that from 

 the withdrawal of these warning notices no argument can be ad- 

 duced in favor of the American contention as to the existence of 

 trading rights on the treaty coasts. It can not be construed as in- 

 volving any admission as to the right to trade on the treaty coasts. 6 



This admits the entire American contention under Question Six, 

 for it will be observed that the warning notices relating to fishery 

 rights begin with the words 



I am instructed to give you notice that the presence of your vessel 

 in this port is in violation of the articles of the international conven- 

 tion of 1818. 



1886 : On March 19, 1886, after the expiration of the treaty of 1871, 

 Sir L. S. West, under direction of Lord Rosebery, inquired of Mr. 

 Bayard whether he would issue a notice to American fishermen that 

 they were "now precluded from fishing in British North American 

 territorial waters." a Both the British minister and Lord Rosebery 

 had evidently overlooked the existence of the treaty of 1818 which 

 admittedly gave Americans distinct rights in territorial waters of 

 Newfoundland, Labrador, and the Magdalen Islands. Mr. Bayard, 

 in his reply of March 23, 1886, called attention to this inadvertence 

 in the following language: 



In view of the enduring nature and important extent of the rights 

 secured to American fishermen in British North American territorial 

 waters under the provisions of the treaty of 1818, to take fish within 

 the three-mile limit on certain defined parts of the British North 

 American coasts, and to dry and cure fish there under certain condi- 

 tions, this Government has not found it necessary to give to United 

 States fishermen any notification that " they are now precluded from 

 fishing in British North American territorial waters." 



Here was a general assertion of the right to take fish in British 

 territorial waters. 



U. S. Case, Appendix, 869. c U. S. Case. Appendix, 755. 



* British Counter Case, 66-67. 



