CONVENTION 483 



SPECIAL AGREEMENT FOR THE SUBMISSION OF QUESTIONS 

 RELATING TO FISHERIES ON THE NORTH ATLANTIC COAST UNDER 

 THE GENERAL TREATY OF ARBITRATION CONCLUDED BETWEEN 

 THE UNITED STATES AND GREAT BRITAIN ON THE 4th DAY OF 

 APRIL, 19081 



Art. I. Whereas, by Article I of the Convention signed at London on the 20th 

 day of October, 1818, between the United States and Great Britain, it was agreed 

 as follows: 



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 

 Straits 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 or 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 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 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. 



And, whereas, differences have arisen as to the scope and meaning of the said 

 Article, and of the liberties therein referred to, and otherwise in respect of the rights 

 and Uberties which the inhabitants of the United States have or claim to have in the 

 waters or on the shores therein referred to: 



It is agreed that the following questions shall be submitted for decision to a 

 tribunal of arbitration constituted as hereinafter provided: 



Question i. To what extent are the following contentions or either of them 

 justified ? 



It is contended on the part of Great Britain that the exercise of the liberty to take 

 fish referred to in the said Article, . which the inhabitants of the United States have 

 forever in common with the subjects of His Britannic Majesty, is subject, without the 

 consent of the United States, to reasonable regulation by Great Britain, Canada, or 

 Newfoundland in the form of municipal laws, ordinances, or rules, as, for example, 



' Appendix, U. S. Case, p. 3; Appendix, British Case, p. i. 



