20 ARGUMENT OF GREAT BRITAIN. 



men as at an end. This is indeed admitted in the United States 

 Counter-Case at p. 80 in the following passage : 



" It will be remembered that during the period between the War of 

 1812 and the treaty of 1818, Great Britain denied the right of Ameri- 

 can fishermen to enter any of the bays, harbors, creeks, or inlets of 

 the British Colonies within the three mile limit on the ground that 

 the fisheries provisions of the treaty of 1783, under which such right 

 was held, had been abrogated by the War of 1812." 



It inevitably follows that the treaty of 1818 must, in point of inter- 

 national law, be regarded as a new grant of the fisheries. Great 

 Britain continuously asserted throughout the negotiations that the 

 liberties under the treaty of 1783 were at an end, and the treaty of 

 1818 cannot be read as directed to any other state of facts. 



Reference may be made to the fact that the rights with regard to 

 fisheries conferred on France by the treaty of Utrecht were 

 23 renewed after every war between the two countries. This was 

 done by the treaties of 1763, 1783, 1802, 1814 and 1815. 



LIBERTIES OF 1818 A NEW GRANT. 



IV. His Majesty's Government submits that the liberties granted 

 in 1818 were a new and distinct grant, and that an argument, based 

 on circumstances alleged to have existed in 1783, cannot be applied to 

 the treaty of 1818. There was clearly no partition in 1818, and the 

 treaty of that year did not merely renew the liberties of 1783; it 

 conceded new and different liberties, and was a new grant. 



That the liberties of the 1818 treaty were not identical with those 

 in the 1783 treaty is obvious they were but a fraction of those 

 larger liberties. And that all the liberties of the 1818 treaty were 

 not included in the 1783 treaty, but that they were, to some extent, 

 new is equally obvious. 



The treaty of 1783 gave liberty to take fish (British Case, App., 

 p. 13)- 



" on such part of the Coast of Newfoundland as British Fishermen 

 shall use," 



whereas the treaty of 181B gave liberty to fish on certain specified 

 parts of the Newfoundland coast without any reference to their use 

 by British fishermen. 



The treaty of 1783, in giving liberty to fish on the coast of New- 

 foundland, expressly said, " but not to dry or cure the same on that 

 island ; " whereas the treaty of 1818 gave liberty to dry and cure 

 fish on part of the southern coast of that island. 



As to these new grants, it is plainly impossible for the United 

 States to contend that the treaty of 1818 was an acknowledgment 



