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AMERICAN AND BRITISH CLAIMS ARBITRATION.
MEMORIAL OF THE UNITED STATES. These so-called fishing claims arise out of the violation, as the United States contends, by authorities of the Government of Newfoundland of rights secured to American fishermen by the Treaty between the United States and Great Britain of October 20, 1818. In the Special Agreement of August 18, 1910, these claims are placed into two groups, group one containing twenty-seven claims and group two eleven claims.
The claims in group one are for the refund of customs duties, light dues, and other charges, which, the United States contends, were imposed upon American fishing vessels by officers of the Government of Newfoundland in contravention of the Treaty of October 20, 1818.
Some of the claims in group two are based on the action of authorities of Newfoundland in refusing, as the United States contends, to permit American fishing vessels to exercise rights secured to them by the Treaty of 1818. Others are based on the seizure and detention of such vessels for alleged violations of local fishing regulations of the Government of Newfoundland.
The Treaty of October 20, 1818. The rights of American citizens with respect to Newfoundland fisheries stipulated in the Treaty of 1818 are found in its Article I, which 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, 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 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, 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