NORTH ATLANTIC FISHERIES DISPUTE 49 



Labrador" the liberty is granted to the "coast" only of Newfoundland 

 and to the "shore" only of the Magdalen islands; and argues that evid- 

 ence can be found in the correspondence submitted indicating an inten- 

 tion to exclude Americans from Newfoundland 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 uninterrupted coast-line ; and there is no reason to read into 

 the words "coast" a contradistinction to bays, in order to exclude bays. 

 On the contrary, as already held in the answer to Question V, the words 

 ' ' liberty, for ever, to dry and cure fish in any of the unsettled bays, har- 

 bours 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, 

 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 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 conten- 

 tion that in the Treaty of 1783 the word "bays" is inserted lest otherwise 



■ Great Britain would have had the right to exclude the Americans to the 

 three mile line, is inadmissible, because in that Treaty that line is not 

 mentioned ; 



(b) Because the correspondence between Mr. Adams and Lokd 

 Bathurst also shows that during the negotiations for the Treaty the 

 United States demand 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 

 modifications," which latter did not relate to the right of fishing in bays, 

 but only to the " pre-occupation of British harbours 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, including 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 Newfound- 



