INTRODUCTION xxxiii 



on behalf of the United States, and Messrs. Robinson and Goulburn on 

 behalf of Great Britain, met at London in thfe summer of 1818 in order 

 to adjust the fisheries and other questions raised by the late war. The 

 result of their negotiations appears in the first article of the convention 

 respecting the fisheries, boundary, and the restoration of slaves, signed 

 at London on October 20, 1818. As this texfis the measure and, accord- 

 ing to the British contention, the origin of American fishing rights, arid 

 was submitted for interpretation to The Hague Tribunal in 1910, it is 

 necessary to set forth its exact terms and to analyze it at length: 



"Whereas differences have arisen respecting the liberty claimed by the United 

 States for the inhabitants thereof, to take, dry and cure Fish on Certain Coasts, 

 Bays, Harbours, and Creeks, of His Britannic Majesty's Dominions in America, it is 

 agreed between the High Contracting Parties that the Inhabitants of the said United 

 States shall have forever, in common with the Subjects of His Britannic Majesty, the 

 Liberty to take Fish of every kind on that part of the Southern Coast of Newfound- 

 land which extends from Cape Ray to the Rameau Islands, on the Western and 

 Northern coast of Newfoundland, from the said Cape Ray to the Quirpon Islands, on 

 the shores of the Magdalen Islands, and also on the Coasts, Bays, Harbours, and 

 Creeks, from Mount Joly on the Southern Coast of Labrador, to and through the 

 Streights of Belleisle and thence Northwardly indefinitely along the Coast, without 

 prejudice, however, to any of the exclusive Rights of the Hudson Bay Company: 

 And that the American fishermen shall also have liberty forever, to dry and cure fish 

 in any of the unsettled Bays, Harbours, and Creeks of the Southern part of the 

 Coast of Newfoundland hereabove described, and of the Coast of Labrador; but so 

 soon as the same, or any portion thereof, shall be settled, it shall not be lawful for the 

 said Fishermen to dry and cure Fish at such Portion so settled, without previous 

 agreement for such purpose with the Inhabitants, Proprietors, or Possessors of the 

 ground. And the United States hereby renounce, forever, any Liberty heretofore 

 enjoyed or claimed by the inhabitants thereof, to take, dry, or cure Fish on, or within 

 three marine Miles of any of the Coasts, Bays, Creeks, or Harbours of His Britannic 

 Majesty's Dominions in America, not included within the abovementioned limits: 

 Provided, however, that the American Fishermen shall be admitted to enter such 

 Bays or Harbours for the purpose of Shelter and of repairing Damages therein, of 

 purchasing Wood, and of obtaining Water, and for no other purpose whatever. But 

 they shall be under such Restrictions as may be necessary to prevent their taking, 

 drying or curing Fish therein, or in any other manner whatever abusing the Privileges 

 hereby reserved to them."^ 



It is obvious that the third article of the Treaty of 1 783 lies at the 

 very root of the settlement, and that an understanding of the conven- 

 tion cannot be reached without bearing in mind its terms; for Article I 

 of the Convention of 1818 states that "differences have arisen respect- 

 ing the liberty claimed by the United States for the inhabitants thereof, 

 to take, dry, and cure Fish on certain Coasts, Bays, Harbours, and 

 Creeks of His Britannic Majesty's Dominions in America," and the 



^Appendix, p. 379-380; Appendix, U. S. Case, p. 24. Appendix, British Case, p. 30. 



