so COMMISSION OF CONSERVATION 



land, and this shows that, o fortiori the taking of fish in those bays is also 

 allowed ; because the fishing liberty was a lesser burden than the grant to 

 cure and dry, and restrictive clauses never refer to fishing in contra- 

 distinction to drying, but always to drying in contradistinction to fishing. 

 Pishing is granted without drying, never drying without fishing. 



{d) Because there is not sufiicient evidence to show that the enumer- 

 ation of the component parts of the coast of Labrador was made in order 

 to discriminate between the coast of Labrador and coast of Newfound- 

 land; 



(e) Because the statement that there is no codfish in the bays of 

 Newfoundland and that the Americans only took interest in the cod- 

 fishery is not approved ; and evidence to the contrary is to be found in Mr. 

 John Adam's Journal of Peace Negotiations of November 25, 1782; 



(/) Because the Treaty grants the right to take fish of every kind, 

 and not only codfish ; 



(fif) Because the evidence shows that, in 1823, the Americans were 

 fishing in Newfoundland bays and that Great Britain when summoned to 

 protect them against expulsion therefrom by the French did not deny 

 their right to enter such bays. 



Therefore this Tribunal is of opinion that American inhabitants are 

 entitled to fish in the bays, creeks and harbours of the Treaty coasts of 

 Newfoundland and the Magdalen islands, and it is so decided and 

 awarded. 



QUESTION VII 



Are the inhabitants of the United States whose vessels resort to the 

 Treaty Coasts for the purpose of exercising the liberties referred to in 

 Article I of the Treaty of 1818 entitled to have for those vessels, when 

 duly authorized by the United States in that behalf, the commercial 

 privileges on the Treaty Coasts accorded by agreement or otherwise to 

 United States trading vessels generally? 



Now assuming that commercial privileges on the Treaty Coasts are 

 accorded by agreement or otherwise to United States trading vessels 

 generally, without any exception, the inhabitants of the United States, 

 whose vessels resort to the same coasts for the purpose of exercising the 

 liberties referred to in Article I of the Treaty of 1818, are entitled to have 

 for those vessels when duly authorized by the United States in that be- 

 half, the above mentioned commercial privileges, the Treaty containing 

 nothing to the contrary. But they cannot at the same time and during 

 the same voyage exercise their Treaty rights and enjoy their commercial 

 privileges, because Treaty rights and commercial privileges are submitted 

 to different rules, regulations and restraints. 



