APPENDIX 429 



States to such fishery, this Tribunal is of opinion that it is 

 incumbent on Great Britain to produce satisfactory proof 

 that the United States are not so entitled under the Treaty. 

 For this purpose Great Britain points to the fact that 

 whereas the Treaty grants to American fishermen liberty 

 to take fish * ' on the coasts, bays, harbours, and creeks from 

 Mount Joly on the Southern coast of Labrador" the liberty 

 is granted to the ' ' coast ' ' only of Newfoundland and to the 

 "shore" only of the Magdalen Islands; and argues that 

 evidence can be found in the correspondence submitted in- 

 dicating an intention to exclude Americans from New- 

 foundland bays on the Treaty Coast, and that no value 

 would have been attached at that time by the United States 

 Government to the liberty of fishing in such bays because 

 there was no cod fishery there as there was in the bays of 

 Labrador. 



But the Tribunal is unable to agree with this contention : 

 (a) Because the words "part of the southern coast . . . 

 from . . . to" and the words "Western and Northern 

 Coast . . . from . . . to," clearly indicate one unin- 

 terrupted coast-line; and there is no reason to read into 

 the words "coasts" a contradistinction to bays, in order 

 to exclude bays. On the contrary, as already held in the 

 answer to Question V, the words "liberty, forever, to dry 

 and cure fish in any of the unsettled bays, harbours and 

 creeks of the Southern part of the Coast of Newfoundland 

 hereabove described," indicate that in the meaning of the 

 Treaty, as in all the preceding treaties relating to the same 

 territories, the words coast, coasts, harbours, bays, etc., are 

 used, without attaching to the word "coast" the specific 

 meaning of excluding bays. Thus in the provision of the 

 Treaty of 1783 giving liberty "to take fish on such part of 

 the coast of Newfoundland as British fishermen shall use"; 

 the word "coast" necessarily includes bays, because if the 



