QUESTION TWO. 



Have the inhabitants of the United States, while exercising the 

 liberties referred to in said Article, a right to employ as members 

 of the fishing crews of their vessels persons not inhabitants of the 

 United States? 



The British Case states at the outset that " the short question is 

 whether those inhabitants may employ fishermen of other nation- 

 alities to fish on their behalf;" and this is the view of the United 

 States as to the scope and meaning of the Question, provided that it 

 is understood as referring only to fishermen of jather nationalities 

 who are not inhabitants of the United States at the time of their 

 employment. Obviously, fishermen of other nationalities who are 

 inhabitants of the United States, are entitled to the enjoyment of the 

 fishing liberty under the treaty, irrespective of employment for 

 that purpose by other inhabitants of the United States. The deter- 

 mination of what persons are inhabitants of the United States, and 

 what persons are not inhabitants of the United States is not called 

 for by this Question, and cannot properly be submitted to the Tri- 

 bunal for decision. 



It is evident, therefore, that this Question asks simply whether or 

 not the treaty permits the inhabitants of the United States to em- 

 ploy as members of the fishing crews of their vessels on the treaty 

 coasts persons of other nationalities who are not inhabitants of the 

 United States. The British Case, however, brings up for discussion 

 in connection with this Question the further question of whether 

 under this treaty Great Britain parted with its control over its own 

 subjects, which the United States regards as wholly outside of the 

 rcope and meaning of Question 2. 



Referring to this new question the British Case says: 



But, apart from the general question as to the employment of for- 

 eigners, it is submitted that the right of the British and Colonial 

 legislatures to prevent the employment of British subjects by Ameri- 

 cans upon these fisheries is absolutely indisputable. 6 



a British Case, p. 51. British Case, p. 58. 



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