QUESTION ONE. H 



execution the provisions of the treaty of 1818 with respect to the 

 taking of fish on the treaty coasts, and these Orders show that the 

 only regulations, which the British Government regarded as appro- 

 priate for that purpose, applied to British subjects and not to the 

 American fishermen; and under the earlier Order British subjects 

 were notified that they were not to interrupt in any manner the fish- 

 ery in common carried on by the inhabitants of the United States 

 with British subjects on the treaty coasts. 



Since the preparation of the Case of the United States, Great 

 Britain has produced for the first time certain instructions issued by 

 the British Government to the British Plenipotentiaries who nego- 

 tiated the treaty of 1818, and certain reports of the British Plenipo- 

 tentiaries to their Government with reference to the position taken 

 by them in the course of the negotiations. The instructions and 

 reports referred to will be found in the Appendix to the British 

 Case ; and their contents and the manner in which they are printed 

 indicate that they are not complete in themselves and do not com- 

 prise all of the correspondence on the subject of the fisheries negotia- 

 tions which passed between the British Plenipotentiaries and their 

 Government at that time. It is evident, however, from so much of 

 this correspondence as has now been produced, that there was no in- 

 tention or understanding on the part of the British Plenipotentiaries 

 in these negotiations that the American fishing liberty should be 

 subjected to limitation or restraint or regulations by Great Britain 

 without the consent of the United States. With reference to the 

 portions of the instructions and reports of the British Plenipoten- 

 tiaries which have not as yet been produced, it may fairly be pre- 

 sumed, under the rules of evidence recognized in the United States 

 and Great Britain, that they do not add anything in support of the 

 British contention. 



The British attitude as to the French -fishing liberty on the New- 

 foundland coast. 



The real position of Great Britain on the subject of the enforcement 

 of regulations against foreign fishermen exercising a common or con- 

 current right of fishery on the treaty coasts, is disclosed by an ex- 

 amination of the British attitude toward the French fishermen on 

 the so-called " French Coast " of Newfoundland under treaty stipu- 



British Case Appendix, pp. 85, 86, 92. 



