THE NORTH ATLANTIC COAST FISHERIES CASE between GREAT BRITAIN and THE UNITED STATES Decided September 7, 1910 Syllabus The treaty of peace of 1783 between Great Britain and the United States continued to inhabitants of the United States the privileges theretofore enjoyed in common with British subjects in the fisheries off Newfoundland, Labrador, and other parts of the North Atlantic Coast. Great Britain regarded this treaty as abrogated by the war of 1812, whereas the United States considered it as only suspended by and during the war. However, on October 20, 1818, a new treaty was signed with a view of defining the rights of inhabitants of the United States to take fish in certain parts of British north Atlantic coast waters, and to enter bays and harbors for the purpose of repairs, etc. Article 1 reads 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, harbors, 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 Newfoundland 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, harbors, 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, harbors, 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, with |
