414 NEW ENGLAND FISHERIES 



ments of entry or report at custom-houses or the payment 

 of light or harbour or other dues, or to any other similar 

 requirement or condition or exaction? 



v 



The Tribunal is of opinion as follows : 



It is obvious that the liberties referred to in this ques- 

 tion are those that relate to taking fish and to drying and 

 curing fish on certain coasts as prescribed in the Treaty of 

 October 20, 1818. The exercise of these liberties by the 

 inhabitants of the United States in the prescribed waters to 

 which they relate, has no reference to any commercial priv- 

 ileges which may or may not attach to such vessels by 

 reason of any supposed authority outside the Treaty, which 

 itself confers no commercial privileges whatever upon the 

 inhabitants of the United States or the vessels in which 

 they may exercise the fishing liberty. It follows, there- 

 fore, that when the inhabitants of the United States are 

 not seeking to exercise the commercial privileges accorded 

 to trading vessels for the vessels in which they are exer- 

 cising the granted liberty of fishing, they ought not to be 

 subjected to requirements as to report and entry at custom 

 houses that are only appropriate to the exercise of com- 

 mercial privileges. The exercise of the fishing liberty is 

 distinct from the exercise of commercial or trading privi- 

 leges and it is not competent for Great Britain or her 

 colonies to impose upon the former exactions only appro- 

 priate to the latter. The reasons for the requirements 

 enumerated in the case of commercial vessels, have no re- 

 lation to the case of fishing vessels. 



We think, however, that the requirement that American 

 fishing vessels should report, if proper conveniences and 

 an opportunity for doing so are provided, is not unreason- 

 able or inappropriate. Such a report, while serving the 

 purpose of a notification of the presence of a fishing vessel 

 in the treaty waters for the purpose of exercising the 



