430 NEW ENGLAND FISHERIES 



intention had been to prohibit the entering of the bays for 

 fishing the following words "but not to dry or cure the 

 same on that island," would have no meaning. The con- 

 tention that in the Treaty of 1783 the word "bays" is in- 

 serted lest otherwise Great Britain would have had the right 

 to exclude the Americans to the three mile line, is inadmis- 

 sible, because in that Treaty that line is not mentioned ; 



(5) Because the correspondence between Mr. ADAMS and 

 Lord BATHURST also shows that during the negotiations for 

 the Treaty the United States demanded the former rights 

 enjoyed under the Treaty of 1783, and that Lord BATHURST 

 in the letter of 30th October 1815 made no objection to 

 granting those "former rights" "placed under some modi- 

 fications, ' ' which latter did not relate to the right of fishing 

 in bays, but only to the "preoccupation of British har- 

 bours and creeks by the fishing vessels of the United States 

 and the forcible exclusion of British subjects where the 

 fishery might be most advantageously conducted/' and "to 

 the clandestine introduction of prohibited goods into the 

 British colonies." It may be therefore assumed that the 

 word ' * coast ' ' is used in both Treaties in the same sense, in- 

 cluding bays; 



(c) Because the Treaty expressly allows the liberty to 

 dry and cure in the unsettled bays, etc. of the southern part 

 of the coast of Newfoundland, and this shows that, a for- 

 tiori, the taking of fish in those bays is also allowed; be- 

 cause the fishing liberty was a lesser burden than the grant 

 to cure and dry, and the restrictive clauses never refer to 

 fishing in contradistinction to drying, but always to drying 

 in contradistinction to fishing. Fishing is granted without 

 drying, never drying without fishing; 



(d) Because there is not sufficient evidence to show that 

 the enumeration of the component parts of the coast of 

 Labrador was made in order to discriminate between the 

 coast of Labrador and the coast of Newfoundland. 



