360 FISHERIES ARBITRATION AT THE HAGUE 



Great Britain and France granting the same rights upon the same 

 coast, and said the inhabitants of the United States should have 

 Uberty to take fish on the coast of Newfoundland, as that pre-exist- 

 ing treaty said the subjects of the French King should have the 

 Hberty to take fish on the coast of Newfoundland, and the words, 

 the form of expression, must be deemed to have the same meaning 

 in the grant of that right on that coast to the two different Powers 

 who were concerned in that transaction. 



While Mr. Turner was making his argument, the Court called 

 for or expressed a wish to have the proceedings of the Halifax 

 Commission, and Mr. Turner said that he would procure them for 

 the Court, and I now have the honor to hand them up. Both 

 sides, of course, are in possession of them. In doing so I beg to 

 call the attention of the Tribunal to the second map which is en- 

 closed in this volume of proceedings. That is the same map which 

 is referred to in the copy of the proceedings of the HaHfax Com- 

 mission, or that part of the copy of the proceedings of the Hahfax 

 Commission printed in the American Counter-Case Appendix, at 

 p. 547. In the next to the last paragraph on that page occurs this 

 statement: 



"A reference to the accompan3ang map will show that the coast, the 

 entire freedom for which for fishing purposes has thus been acquired," etc., etc. 



The map which is now before the President, in that volume 

 which I have handed up, is a copy of the map here referred to. I 

 ask the Tribimal to observe that in that map, which is the British 

 map used in the Halifax proceeding, there is a legend which states 

 that part of the coast colored red is the part not within the hmits 

 of the grant of 181 8, but carried by the new grant of 1871, while 

 the part colored blue is the part within the limits of the treaty of 

 1818, and to observe that the blue line which marks the Kmits of 

 1818 takes in all the bays and harbors, showing that at that time 

 Great Britain quite well understood that all the bays and harbors 

 that were included within that blue line were within the grant of 

 1818. 



We have a provision in the New York code of procedure, a code 

 prepared by Mr. David Dudley Field, the same gentleman whose 

 international code the Tribunal is famihar with, to the effect that — 



