42 COMMISSION OF CONSERVATION 



definite limits. Such an abandoniuent was made with respect to their 

 fishing rights in the waters in question by France and Spain in 1763. By 

 a convention between the United Kingdom and the United States in 1846, 

 the two countries assumed ownership over waters in Fuca straits at 

 distances from the shore as great as 17 miles. 



The United States contend moreover: 



20. That by the use of the term "liberty to fish" the United 

 States manifested the intention to renounce the liberty in the waters 

 referred to only in so far as that liberty was dependent upon or de- 

 rived from a concession on the part of Great Britain, and not to 

 renounce the right to fish in those waters where it was enjoyed by 

 virtue of their natural right as an independent State. 

 But the Tribunal is unable ot agree with this contention : 



(a) Because the term "liberty to fish" was used in the renunciatory 

 clause of the Treaty of 1818 because the same term had been previously 

 used in the Treaty of 1783 which gave the liberty ; and it was proper to 

 use in the renunciation clause the same term that was used in the grant 

 with respect to the object of the grant ; and, in view of the terms of the 

 grant, it would have been improper to use the term "right" in the re- 

 nunciation. Therefore the conclusion drawn from the use of the term 

 "'liberty" instead of the term "right" is not justified; 



(b) Because the term "liberty" was a term properly applicable to 

 the renunciation which referred not only to fishing in the territorial 

 waters but also to drying and curing on the shore. This latter right was 

 undoubtedly held under the provisions of the Treaty and was not a right 

 accruing to the United States by virtue of any principle of the inter- 

 national law. 



3^. The United States also contend that the term "bays of His 

 Britannic Majesty's Dominions" in the renunciatory clause must be 

 read as including only those bays which were under the territorial 

 sovereignty of Great Britain. 



But the Tribunal is unable to accept this contention : 

 (a) Because the description of the coast on which the fishery is to be 

 exercised by the inhabitants of the United States is expressed throughout 

 the Treaty of 1818 in geographical terms and not by reference to political 

 control; the Treaty describes the coast as contained between capes; 



(6) Because to express the political concept of dominion as equival- 

 ent to sovereignty, the word "dominion" in the singular would have 

 been an adequate term and not "dominions" in the plural: this latter 

 term having a recognized and well settled meaning as descriptive of those 

 portions of the Earth which owe political allegiance to His IMajesty ; e.g.. 

 "His Britannic Majesty's Dominions beyond the Seas." 



