56 COMMISSION OF CONSERVATION 



The well known words of Bynkershock might be very appropriately 

 recalled in this connection when so many and divergent opinions and 

 authorities have been recited: "The common law of nations," he says, 

 ' ' can only be learnt from reason and custom. I do not deny that autliority 

 may add weight to reason, but I prefer to seek it in a constant custom of 

 concluding treaties in one sense or another and in examples that have 

 occurred in one country or another." (Questions Jure Publici, Vol. 1, 

 Cap. 3.) 



It is to be borne in mind in this respect that tlie Tribunal has been 

 called upon to decide as the subject matter of this controversy, the con- 

 struction to be given to the fishery Treaty of 1818 between Great Britain 

 and the United States. And so it is that from the usage and the practice 

 of Great Britain in this and other like fisheries and from Treaties entered 

 into by them with other nations as to fisheries, may be evolved the right 

 interpretation to be given to the particular convention which has been 

 submitted. In this connection the following Treaties may be recited : 



Treaty between Great Britain and Prance. 2iid August, 1839. It 

 reads as follows : 



Article IX. The subjects of Her Britannic Majesty shall enjoy the 

 exclusive right of fishery within the distance of three miles from low 

 water mark along the whole extent of the coasts of the British Islands. 



It is agreed that the distance of three miles fixed as the general limit 

 for the exclusive right of fishery upon the coasts of the two countries 

 shall, with respect to bays, the mouths of which do not exceed ten miles 

 in width, be measured from a straight line drawn from headland to 

 headland. 



Article X. It is agreed and understood, that the miles mentioned in 

 the present Convention are geographical miles, whereof 60 make a degree 

 of latitude. 



(Hertslett's Treaties and Conventions, Vol. V, p. 89.) 



Regulations between Great Britain and France. 24th May, 1843. 



Art. II. The limits, within which the general right of fishery is 

 exclusively reserved to the subjects of the two kingdoms respectively, are 

 fixed (with the exception of those in Granville Bay) at three miles dis- 

 tance from low water mark. 



With respect to bays, the mouths of which do not exceed ten miles in 

 width, the three mile distance is measured from a straight line drawn 

 from headland to headland. 



Art. III. The miles mentioned in the present regulations are geo- 

 graphical miles, of which 60 make a degree of latitude. 

 (Hertslett's, Vol. VI, p. 416.) 



