127 QUESTION SEVEN. 



COMMERCIAL PRIVILEGES. 



Are the inhabitants of the United States whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred to 

 in article 1 of the treaty of 1818 entitled to have for those vessels, 

 when duly authorized by the United States in that behalf, the com- 

 mercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally? 



THE QUESTION. 



The treaty confers no rights upon American vessels. It concedes 

 to inhabitants of the United States the right to fish in certain British 

 waters; and the question is whether the vessels used by such Ameri- 

 can fishermen are entitled, as of right, to such commercial privileges 

 on the treaty coasts as are from time to time accorded to trading 

 vessels. If there is no such right, then it is within the power of 

 Great Britain to open or close her ports to fishing vessels coming 

 there for commercial purposes, at her pleasure. 



BRITISH CONTENTION. 



Great Britain contends that American fishermen cannot claim, as 

 of right, to exercise any liberties in British territorial waters unless 

 those liberties were granted by the treaty of 1818 ; that no commercial 

 privileges were so granted ; and that the exercise of commercial privi- 

 leges by American fishing vessels would be contrary to the intention 

 of that treaty. 



UNITED STATES CONTENTION. 



The United States contends that American fishing vessels resort- 

 ing to British territorial waters under the terms of the treaty are 

 entitled, as of right, to trade on the British shores, and to have the 

 same commercial privileges as trading vessels, subject to their hav- 

 ing the licence to touch and trade required by the law of the United 

 States. 



THE TREATY COASTS. 



In terms, the question stated for the opinion of the Tribunal relates 

 only to the treaty coasts. But the discussions which have taken place 



115 



