398 NEW ENGLAND FISHERIES 



But the Tribunal is unable to agree with this contention : 



(a) Because these words implied only the necessity of an 

 express stipulation for any liberty to use foreign territory 

 at the pleasure of the grantee, without touching any ques- 

 tion as to regulation; 



(6) Because in this same letter Lord BATHURST char- 

 acterized this right as a policy "temporary and experi- 

 mental, depending on the use that might be made of it, 

 on the condition of the islands and places where it was 

 to be exercised, and the more general conveniences or in- 

 conveniences from a military, naval and commercial point 

 of view"; so that it cannot have been his intention to 

 acknowledge the exclusion of British interference with 

 this right; 



(c) Because Lord BATHURST in his note to Governor Sir 

 C. HAMILTON in 1819 orders the Governor to take care 

 that the American fishery on the coast of Labrador be 

 carried on in the same manner as previous to the late war ; 

 showing that he did not interpret the Treaty just signed as 

 a grant conveying absolute immunity from interference 

 with the American fishery right. 



For the purpose of such proof it is further contended 

 by the United States: 



(9) That on various other occasions following the con- 

 clusion of the Treaty, as evidenced by official 

 correspondence, Great Britain made use of ex- 

 pressions inconsistent with the claim to a right of 

 regulation. 



The Tribunal, unwilling to invest such expressions with 

 an importance entitling them to affect the general ques- 

 tion, considers that such conflicting or inconsistent ex- 

 pressions as have been exposed on either side are suffi- 



