QUESTION TWO. 51 



who were not entitled to dry and cure the fish taken. The inhabi- 

 tants of the United States, spoken of in the earlier part of the 

 article, are obviously the same persons as those who are spoken of 

 in the later part of the article as American fishermen. 



TREATIES OF 1854 AND 1871. 



6. The treaties of 1854 and. 1871 speak of the liberty to take fish 

 conferred in 1818 as a liberty to United States fishermen, that is. 

 as is submitted, to inhabitants of the United States actually taking 

 part in the fishing. 



SITUATION IN 1818. 



7. It is material to remember that in 1818 the question of the 

 employment of foreign seamen had been the subject of recent dis- 

 cussion between Great Britain and the United States, and that the 

 latter Power had decided to exclude British subjects from their 

 commercial marine. A liberty confined to fishermen inhabiting 

 America was consistent with this policy. 



EFFECTS OF UNITED STATES CONTENTION. 



8. If the treaty were to be construed in the manner contended for 

 by the United States, then there would practically be no limit 



to the amount of fish that could be taken under it from 

 58 British territorial waters. A liberty to a specific class of per- 

 sons to take fish themselves is necessarily restricted according 

 to the number and ability of those persons ; but there is no ascertain- 

 able limit to the amount of fish that may be taken if those persons 

 can employ others to act for them. It cannot be assumed, in the 

 absence of express words, that Great Britain conceded a right so 

 indefinite in extent, and so greatly to the prejudice of British 

 fishermen. 



9. If the nationality of the ship or of the owner of it, and not the 

 nationality of the fishermen actually engaged in fishing, be the test 

 of the right to fish under the treaty, then fishermen of other coun- 

 tries can obtain access to these fisheries, subject to such restrictions 

 as the law of the United States may from time to time impose. 

 They may, by charter or arrangement, obtain control of an American 

 vessel, or they may engage to serve on an American vessel. Once on 

 board, their nationality, according to the contention of the United 

 States, becomes of no importance; the moment they have entered 

 British waters under the American flag they become entitled to the 

 full rights conferred by the treaty. This is no fanciful objection. 

 The British North American fisheries are of great value, and would 

 be eagerly competed for by foreign fishermen if it became known that 

 access could in any way be obtained to them. 



State Papers, vii, 184, 191, 204, 208, 218, et seq. 



