514 APPENDIX 



modifications," which latter did not relate to the right of fishing in bays, but only to 

 the " preoccupation of British harbours and creeks by the fishing vessels of the United 

 States and the forcible exclusion of British subjects where the fishery might be most 

 advantageously conducted," and "to the clandestine introduction of prohibited goods 

 into the British colonies." It may be therefore assumed that the word "coast" is 

 used in both Treaties in the same sense, including bays; 



(c) Because the Treaty expressly allows the liberty to dry and cure in the unsettled 

 bays, etc. of the southern part of the coast of Newfoundland, and this shows that, a 

 fortiori, the taking of fish in those bays is also allowed; because the fishing liberty was 

 a lesser burden than the grant to cure and dry, and the restrictive clauses never referred 

 to fishing in contradistinction to drying, but always to drying in contradistinction to 

 fishing. Fishing is granted without drying, never drying without fishing; 



(d) Because there is not sufficient evidence to show that the enumeratioh of the com- 

 ponent parts of the coast of Labrador was made in order to discriminate between the 

 coast of Labrador and the coast of Newfoundland; 



(e) Because the statement that there is no codfish in the bays of Newfoundland 

 and that the Americans only took interest in the codfishery is not proved; and evidence 

 to the contrary is to be found in Mr. John Adams Journal of Peace Negotiations of 

 November 25, 1782; 



(/) Because the Treaty grants the right to take fish of every kind, and not only 

 codfish; 



(g) Because the evidence shows that, in 1823, the Americans were fishing in 

 Newfoundland bays and that Great Britain when summoned to protect them 

 against expulsion therefrom by the French did not deny their right to enter such 

 bays. 



Therefore this Tribunal is of opinion that American inhabitants are entitled to fish 

 in the bays, creeks and harbours of the Treaty coasts of Newfoundland and the 

 Magdalen Islands and it is so decided and awarded. 



Question VII 



Are the inhabitants of the United States whose vessels resort to the Treaty coasts 

 for the purpose of exercising the liberties referred to in Article I of the Treaty of 1818 

 entitled to have for those vessels, when duly authorized by the United States in that 

 behalf, the commercial privileges on the Treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally ? 



Now assuming that commercial privileges on the Treaty coasts are accorded by 

 agreement or otherwise to United States trading vessels generally, without any ex- 

 ception, the inhabitants of the United States, whose vessels resort to the same coasts 

 for the purpose of exercising the liberties referred to in Article I of the Treaty of 1818, 

 are entitled to have for those vessels when duly authorized by the United States in that 

 behalf, the above mentioned commercial privileges, the Treaty containing nothing to 

 the contrary. , But they cannot at the same rime and during the same voyage exer- 

 cise their Treaty rights and enjoy their commercial privileges, because Treaty 

 rights and commercial privileges are submitted to different rules, regularions and 

 restraints. 



For these reasons this Tribunal is of opinion that the inhabitants of the United States 

 are so entitled in so far as concerns this Treaty, there being nothing in its pro- 

 visions to disentitle them provided the Treaty liberty of fishing and the 



