18 COUNTEB CASE OF THE UNITED STATES. 



Conclusive evidence of the British position on this point is fur- 

 nished by the Act passed by the British Parliament in 1788" (28 

 Geo. Ill, cap. 35), entitled "An Act to enable His Majesty to make 

 such regulations as may be necessary to prevent the inconvenience 

 which might arise from the competition of His Majesty's subjects 

 and those of the Most Christian King, in carrying on the fishery on 

 the Coasts of the Island of Newfoundland." 



This act recites the provisions of Article XIII of the treaty of 

 Utrecht, and of Article V of the treaty of peace of 1783 with France, 

 and of the British declaration accompanying the treaty of 1783, 

 and that 



It is expedient in conformity to the definitive treaty of peace and 

 the declaration aforesaid, that His Majesty's subjects should be pre- 

 vented from interrupting in any manner, by their competition, the 

 aforesaid fishery of the subjects of His Most Christian Majesty, 

 during the temporary exercise thereof, which is granted to them on 

 the coast of Newfoundland; 



And provides 



In order, therefore, that His Majesty may be the better enabled to 

 carry the said several treaties and declarations into faithful and 

 punctual execution, and to make such regulations as may be expedi- 

 ent, respecting the fishery in the manner herein after mentioned, be 

 it enacted by the King's Most Excellent Majesty, * * * that it 

 shall and may be lawful for His Majesty, his heirs and successors, 

 by advice of council, from time to time, to give such orders and in- 

 structions to the Governor of Newfoundland, or to any officer or 

 officers on that station, as he or they shall deem proper and necessary 

 to fulfill the purposes of the definitive treaty and declaration afore- 

 said ; and if it shall be necessary to that end, to give orders and in- 

 structions to the Governor, or other officer or officers aforesaid, to 

 remove, or to cause to be removed, * * * all ships, vessels and 

 boats belonging to His Majesty's subjects which shall be found within 

 the limits aforesaid, and also, in case of refusal to depart from within 

 the limits aforesaid, to compel any of His Majesty's subjects to de- 

 part from thence; any law, usage, or custom to the contrary, not- 

 withstanding. 



This act contains no regulations applying to French fishermen 

 exercising their liberty of fishing under these treaties, and as above 

 stated no attempt was ever made by Great Britain to adopt or enforce 

 any fishing regulations against the French fishermen in their treaty 

 waters during the period covered by the French treaty of 1783. 



It is of peculiar significance, therefore, that the legislation adopted 

 by Great Britain in 1819 for the purpose of carrying out its obliga- 



British Case Appendix, p. 561. 



