ex INTRODUCTION 



certain coasts, bays, harbors, and creeks of His Britannic Majesty's 

 dominions in America." The convention secured forever the right of 

 inhabitants of the United States to take, dry, and cure fish within cer- 

 tain specified limits, which may, for the present purpose, be termed the 

 treaty coasts, and in consideration for the Uberty thus recognized, con- 

 firmed, or granted, the United States renounced forever certain rights 

 granted by the Treaty of 1783. This clause, ordinarily called the 

 renimciatory clause, is as follows: 



"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 above-mentioned 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 

 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." ' 



The convention which was intended to settle differences has itself 

 been the source of diSerences. Great Britain and the United States 

 disagreed both as to the extent and effect of the renunciation and sub- 

 mitted to arbitration the question "from where must be measured 

 the ' three marine miles of any of the coasts, bays, creeks, or harbours,' 

 referred to in the said Article." 



The differences arising tmder the Treaty of 1783 which led to the 

 Convention of 1818 were occasioned by the War of 1812, which Great 

 Britain insisted abrogated the liberty to take, dry, and cure fish, secured 

 to the United States, whereas the United States insisted that the liberty, 

 while suspended by the war, was not abrogated by it and that upon the 

 conclusion of peace the liberty revived ex propria vigore. 



The differences under the Convention of 1818 in the matter of the 

 renunciation relate chiefly to bays. Great Britain claiming that the 

 United States gave up for its inhabitants the right to enter bays on 

 the non- treaty coast, except for four specified purposes; whereas the 

 United States maintained that a proper construction of the Convention of 

 1818 excluded its inhabitants merely from the smaller, that is to say the 

 territorial bays "of His Britannic Majesty's dominions in America" 

 not included within the treaty coast. In other words. Great Britain 

 insisted that the bays renounce.d were bays in the geographical sense — 

 that is to say, bays whether large or small indenting the non-treaty 

 coast; whereas the United States contended that the bays from which 



' Appendix, p. 380; Appendix, U. S. Case, p. 24; Appendix, British Case, p. 30. 



