412 NEW ENGLAND FISHERIES 



2. That the Governments of Great Britain, Canada or 

 Newfoundland may, without infraction of the 

 Treaty, prohibit persons from engaging as fishermen 

 in American vessels. 



Now considering (1) that the liberty to take fish is an 

 economic right attributed by the Treaty; (2) that it is at- 

 tributed to inhabitants of the United States, without any 

 mention of their nationality; (3) that the exercise of an 

 economic right includes the right to employ servants; (4) 

 that the right of employing servants has not been limited 

 by the Treaty to the employment of persons of a distinct 

 nationality or inhabitancy; (5) that the liberty to take fish 

 as an economic liberty refers not only to the individuals 

 doing the manual act of fishing, but also to those for whose 

 profit the fish are taken. 



But considering, that the Treaty does not intend to 

 grant to individual persons or to a class of persons the 

 liberty to take fish in certain waters 1 1 in common, ' ' that is 

 to say in company, with individual British subjects, in the 

 sense that no law could forbid British subjects to take 

 service on American fishing ships; (2) that the Treaty in- 

 tends to secure to the United States a share of the fisheries 

 designated therein, not only in the interest of a certain 

 class of individuals, but also in the interest of both the 

 United States and Great Britain, as appears from the evi- 

 dence and notably from the correspondence between Mr. 

 ADAMS and LORD BATHURST in 1815; (3) that the inhabi- 

 tants of the United States do not derive the liberty to take 

 fish directly from the Treaty, but from the United States 

 Government as party to the Treaty with Great Britain and 

 moreover exercising the right to regulate the conditions 

 under which its inhabitants may enjoy the granted liberty; 

 (4) that it is in the interest of the inhabitants of the 

 United States that the fishing liberty granted to them be 



