APPENDIX 375 



and of obtaining Water, and for no other purpose what- 

 ever. 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 Privi- 

 leges 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 lib- 

 erties which the inhabitants of the United States have or 

 claim to have in the waters or on the shores therein re- 

 ferred to : 



It is agreed that the following questions shall be sub- 

 mitted for decision to a tribunal of arbitration constituted 

 as hereinafter provided: 



Question 1. To what extent are the following conten- 

 tions or either of them justified? 



It is contended on the part of Great Britain that the ex- 

 ercise 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, ordi- 

 nances, or rules, as, for example, to regulations in respect 

 of (1) the hours, days, or seasons when fish may be taken 

 on the treaty coasts; (2) the method, means, and imple- 

 ments to be used in the taking of fish or in the carrying on 

 of fishing operations on such coasts; (3) any other matters 

 of a similar character relating to fishing; such regulations 

 being reasonable, as being, for instance 



(a) Appropriate or necessary for the protection and 

 preservation of such fisheries and the exercise of the rights 

 of British subjects therein and of the liberty which by the 



