Page:United States Statutes at Large Volume 36 Part 2.djvu/692

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Special agreement hetween United States and Great Britain relating “”“'"Y ’7· mgto Nwth Atlantic Qoasgd/isheries. Signed at Washington January 27, 1909; ratiyicaticn msed fly the Senate Feb¢·ua1gy 18, 1909; confirmed by exchange of notes arch 4, 1909. I Arrrrcnn I. Whereas by Article I of the Convention signed at London on the ,{*°"“‘ ’§°°"“° mj 20th day df October, 1818, between the United States and Great §¤§;>§:g§ Comm Britain, it was agreed as follows: _ . _ wire Treaties, Whereas differences have arisen respecting the Liberty claimed by the United Stats p` i for the Inhabitants thereof to take, dgand cure Fish on Certain Coasts, Bays, Harbours and Creeks of His hritarmic tg$ty’s Dominions in America it is agreed between the High Contracting Parties, the Inhabitants of the said {United States shall have forever, in common with the Subjects of His Britannic Majesty, the Libert to take Fish of evergakind on that part of the Southern Coast of Newfoundland which extends from Gaza &to the Rameau Islands, on the Western and Northern Coast of Newfoundland, m e said Cape Ray to the Quirpon Islands on theshores of the Magdalen Islands, and also on the Coasts, Bags, Harbours, and Creeks from Mount Joly on the Southern Coast of Labrador, to and t rough the Straits of Belleisle and thence Northwardly indefinitely along the Coast, without prejudice however, to any of the exclusive Rights of the Hudson Bay Compan ; and that the American Fishermen shall also have liberty forever, to dry and cure in any of the unsettled Bays, Harbours, and Creeks of the Southern pm 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 Burpose with the Inhabitants, Proprietors, or Possessors of the ground.—And the nited 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 Dommions in America not inclu ed · 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 re iring Damages therein, of purchasing)Wood, and of obtaining Water, and for no othzr purpose w atever. But they shall e under such Restrictions as may be necessary to prevent their taking, drying or cunng 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 D***¤¤>¤°¤¤ es Q of the said Artidle, and of the liberties therein referred to, and other- $¤i°.°’m"°w°°v°° wise in respect of the rights and liberties which the mhabitants of the United States have or claim to have in the waters or on the shores theirein referred to: f H _ h H b b _ d f Q t_ { be b- t is agreed that the o owing questions s a e su mitte or . “°° ms *? %“ _ decision to a tribunal of arbitration constituted as hereinafter pro- umm to ummum vided: Question 1. To what extent are the following contentions or either C°’“m°“ ’ig"*"· of them justified? _ _ _ _ _ _ It is contended on the (part of Great Britam thatthe exercise of the B§gg§j““"“ 0* °"°“‘ liberty to take fish referre to in the said Art1cle,_wh1ch the inhabitants of the United States have forever in coinmon with the subjects of His Britannic Majesty, is subjkect, without the consent of the United States, to reasonable regulation y Great Britam, Canada, or Newfoundland A 2l4l