20 CASE OF GREAT BRITAIN. 



This despatch appears to concede that effective legislative regula- 

 tion of the treaty territory and rights is both possible and necessary ; 

 and there can, of course, be no such regulation if any of the fishermen 

 are not amenable to it. This must mean that such effective legisla- 

 tion was in the contemplation of the negotiators of the treaty, and is 

 consistent with the treaty rights. 



EFFECT OF UNITED STATES CONTENTION. 



If the contention that the two Governments must agree upon joint 

 regulations for the control of the fishermen of both countries be 

 sound, it follows that, in the absence of agreement, the fishery is left 

 without regulation at all, so far at least as American fishermen are 

 concerned. This is equivalent to giving them a right to destroy the 

 subject-matter of the treaty. 



The logical result of the contention of the United States as formu- 

 lated in this despatch would seem to be that : 



(1.) Regulations are necessary. 



(2.) To be effective they must apply to all fishermen, both British 

 and American. 



(3.) Legislation necessary to give validity to such regulations must 

 be enacted by Great Britain ; but by force of the treaty, Great Britain 

 is prohibited from exercising this right of legislation until the United 

 States has expressed approval or concurrence. 



There is no trace in the treaty of any intention that the power of 

 regulation by Great Britain should be curtailed. Great Britain 

 does not claim the right to destroy that which is conceded by 

 23 the treaty to American fishermen, but the right only to make 

 regulations which are necessary or desirable for the preserva- 

 tion of the fisheries for the benefit of British and American fishermen 

 alike. 



CONTENTIONS OF His MAJESTY'S GOVERNMENT. 



PROPOSITIONS. 



The position assumed by His Majesty's Government is generally 

 indicated by the following propositions : 



1. His Majesty has sovereign power over the territory in question. 



2. The exclusive right to legislate with regard to the conduct of the 

 fisheries in the territory in question resides with the British and 

 Colonial legislatures. 



3. The United States has no share in such sovereignty. 



4. The treaty of 1818 did not transfer or abandon the complete 

 sovereignty of Great Britain over the treaty waters and territory in 

 question. 



5. The sovereignty of Great Britain existed independently of the 

 treaty altogether. It is in no way dependent upon the treaty. 



