INTRODUCTION cxlv 



first proclaimed in 1905; that it had never been suggested, much less 

 acted upon by any of the parties to the Treaty, would justify no further 

 reference to the matter — indeed, Mr. Root contemptuously dismissed 

 the subject by an anecdote ^ — were it not for the fact that Great 

 Britain and the United States agreed to submit the question to the 

 Tribunal for its decision; that it was argued in the various pleadings 

 and that the Tribunal found it necessary to consider it and actually 

 passed upon the question in its award. 



The discussion, however, will be very brief, because the question 

 was political rather than legal, although presented as a question of law, 

 and the judgment of the Tribunal repudiated the attempted construc- 

 tion in the following clear and unmistakable language: 



"American inhabitants are entitled to fish in the bays, creeks and harbors of 

 the treaty coast of Newfoundland and the Magdalen Islands and it is so decided and 

 awarded." * 



There is a passage in the negotiations of the Convention of 1818 

 which would seem to negative Sir Robert Bond's contention. In a propo- 

 sition made by the British commissioners, by which the hberty was 

 granted to take fish of every kind "on that part of the western coast of 

 Newfoundland which extends from Cape Ray to the Quirpon Islands," 

 a part of Newfoundland covered by Sir Robert Bond's interpretation, 

 the British negotiators said that "nothing contained in this article shall 

 be construed to give to the inhabitants of the United States any liberty 

 to take fish within the rivers of His Britannic Majesty's territories, as 

 above described."^ This would indicate that American fishermen were 

 to use the coastal waters, but not to enter the rivers for the purpose of 

 fishing. The matter is made clearer, if possible, by the reply of Messrs. 

 Gallatin and Rush, American commissioners, which says that "the 

 liberty of taking fish within rivers is not asked. A positive clause to 

 except them is unnecessary, unless it be intended to comprehend under 

 that name waters which might otherwise be considered as bays or 

 creeks." * 



The British negotiators did not insist upon the proposed clause, and 

 it would seem that the understanding of both parties to the convention 

 was that while American fishermen were excluded from the rivers as 

 such, they were nevertheless permitted -to fish in coastal waters up to 

 but not within the rivers emptying into the sea. 

 Such was the imderstanding of both countries until 1905, and it 



• p. 359. 2 Appendix, p. 514; Oral Argument, p. 1456. 



'Appendix, British Case, p. 89. « Appendix, British Case, p. 91. 



