32 COUNTER CASE OP THE UNITED STATES. 



to withdraw its approval of them, either because they proved to be 

 BO framed or executed as to discriminate against American fishermen, 

 or in any other way impaired American rights under the treaty. 



The interpretation placed upon Mr. Marcy's circular by Great 

 Britain in 1878, in the Fortune Bay controversy, which arose under 

 the treaty of 1871, has already been shown in the Case of the United 

 States, and need not be reviewed here, further than to repeat that 

 Lord Salisbury then admitted that the circular was intended to apply 

 only to fisheries regulations passed prior to the date of the treaty. 



Inasmuch as the United States has an equal interest with Great 

 Britain in the fisheries on the treaty coasts under the treaty of 1818, 

 it is equally interested with Great Britain in the protection and 

 preservation of those fisheries; and it is evident, from the course 

 pursued by the United States, under similar circumstances, with 

 reference to fisheries regulations under the treaty of 1854, that 

 whenever Great Britain recognizes the right of the United States to 

 be consulted with reference to fisheries regulations applying to Amer- 

 ican fishermen on the treaty coasts under the treaty of 1818, there 

 will not be the slightest difficulty in reaching an agreement for the 

 adoption of suitable regulations, if any are necessary, for the pro- 

 tection and preservation of those fisheries. 



The effect of the treaty of 1871 on Newfoundland legislation. 



The question of the effect of the treaty of 1871 upon fisheries 

 legislation in Newfoundland arose in 1873 in connection with legis- 

 lation adopted by Newfoundland for the purpose of extending 

 the fisheries articles of that treaty to the Newfoundland coasts not 

 open to American fishermen under the treaty of 1818. By Article 

 XXXIII of the treaty of 1871 it was provided that the fisheries 

 articles should extend to the Colony of Newfoundland so far as they 

 were applicable, unless the Imperial Parliament or the Legislature of 

 Newfoundland should not " embrace thfe Colony of Newfoundland 

 in their laws enacted for carrying the foregoing articles into effect." 6 



The act adopted under this article by the Legislature of Newfound- 

 land, after reciting that it was "expedient to provide for giving 

 effect as regards the Island of Newfoundland and its dependencies, 



U. S. Case, p. 173. U. S. Case Appendix, p. 32. 



