XVI INTRODUCTION 



The provisions of the Treaty of Paris of 1763 in so far as they 

 relate to this matter follow: 



".(Article V) The Subjects of France shall have the liberty of Fishing and Drying 

 on a part of the coasts of the Island of Newfoundland, such as it is specified in the 

 Article XIII of the Treaty of Utrecht; which Article is renewed and confirmed by the 

 present Treaty. . . . And His Britannic Majesty consents to leave the Subjects of 

 the Most Christian King the liberty of fishing in the Gulph St. Lawrence, on condition 

 that the Subjects of France do not exercise the said Fishery, but at the distance of 

 three leagues from all the coasts belonging to Great Britain, as well those of the 

 Continent, as those of the Islands situated in the said Gulph St. Lawrence. . . ' 



" (Article VIII) The King of Great Britain cedes the Islands of St. Pierre and 

 Miquelon, in full right, to His Most Christian Majesty, to serve as a shelter to the 

 French Fishermen; and His said Most Christian Majesty engages not to fortify the 

 said Islands; to erect no buildings upon them but merely for the conveniency of 

 the Fishery; and to keep upon them a Guard of fifty Men only for the Police." 



It will be observed that while Article XIII of the Treaty of Utrecht 

 is confirmed, it is modified in certain particulars. For example, the per- 

 mission or right of the French to participate in the fisheries and to use 

 certain specified portions of the coast of Newfoundland is termed "a 

 liberty," which is* the appropriate technical term for the grant of a fishing 

 right within the territory belonging to the grantor. French fishermen 

 are to have the liberty of fishing within the Gulf of St. Lawrence, but 

 they are forbidden to approach within three leagues of British territory. 

 International law would have permitted the French to approach within 

 three miles of low-water mark of British territory, but Great Britain as 

 the victor in the contest either treated the Gulf of St. Lawrence as if it 

 were a closed sea, or forced France to renoimce the right which inter- 

 national law granted to fish freely within three miles of British territory. 



The French fishermen, according to the Treaty of Utrecht, possessed 

 the right to fish within Newfoundland waters and to dry and cure fish 

 upon the shores of Newfoundland extending from Cape Bonavista to 

 Point Riche, a right confirmed by the Treaty of Paris under the name of 

 a liberty; that is to say, French fishermen were granted certain rights 

 upon the northern and western coasts of Newfoundland. They possessed 

 no rights in the remaining waters and territory of Newfoundland. The 

 Islands of St. Pierre and Miquelon, lying to the south of Newfoundland, 

 were granted to France "in full right," but only "to serve as a shelter 

 to the French fishermen." They were not to be fortified, no buildings 

 were to be erected upon them except for the "conveniency of the 

 fishery," and a small guard of fifty men was permitted "for the police." 



So matters stood until the Treaty of Versailles of September 3, 1783, 

 which concluded the war between Great Britain and France, arising out 

 of French participation in the American revolution. As the outcome of 



'^ Appendix, p. 375-376; Appendix, U. S. Case, p. 52; Appendix, British Case, pp. 7, 8. 



