INTRODUCTION xli 



sacrificed any scruples they may have had to the form in order to secure 

 the substance. The renunciation went to the entire grant of 1783 in 

 the matter of taking, drying, or curing fish, except within the Umits 

 specified in the convention, but comprehensive as was the renunciation, 

 the intention of the United States was not to renounce fishing upon all 

 portions of the non-treaty coast, but merely the hberty to take, dry, and 

 cure fish "within three marine miles of any of the coasts, bays, creeks, 

 or harbors of His Britannic Majesty's dominions in America" not 

 included within the limits set by the convention. It is therefore beyond 

 controversy that the United States renounced a liberty which it had 

 heretofore possessed or claimed. It is equally clear that the renuncia- 

 tion was not of the entire liberty, but only the liberty within three 

 marine miles of the non-treaty coast. The language of the clause has 

 given rise to much divergence of opinion, as will appear later; for Great 

 Britain has insisted that bays, the most important part of the renuncia- 

 tion, was to be understood in the general or geographical sense, whereas 

 the United States has maintained that the expression "bays" was not 

 used generally, but specifically, as the bays of His Britannic Majesty's 

 dominions in America; that is to say, the bays which should properly 

 or necessarily be considered within the exclusive dominion of Great 

 Britain, thereby contrasting geographical with territorial bays. 



It has been stated that the renunciation, however general and un- 

 equivocal it may have been, was nevertheless confined within certain 

 limits; namely, within three marine miles. In another respect it was 

 qualified by the proviso that American fishermen should be admitted to 

 any bays or harbors in case of stress of weather, or in case of distress, 

 such as to obtain shelter, to repair damages, to purchase wood, and to 

 obtain water. Lest, however, an entry for a particular purpose should 

 be converted into a general license, the convention limits the right of 

 entry to these four specified purposes. 



And finally, in order to obviate any misunderstanding as to the 

 status of American fishermen who might have entered the bays and 

 harbors for the four specified purposes, the convention prescribed that 

 the American fishermen should "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" reserved to them. 

 The intention of the negotiators was clear and expressed in unmistakable 

 terms. Entry was permitted for four purposes, and the fact that Great 

 Britain meant to limit the entry of American fishermen to these four 

 purposes is evident from the fact that the commissioners refused to 

 permit American fishermen to enter for the purchase of bait. The 



