56 COUNTER CASE OP THE UNITED STATES. 



and discharging upon their territory ; and exempt also from contri- 

 bution to the up-keep of lights necessary to the navigation of the 

 waters. 



It is evident that this is a question altogether outside of the scope 

 and meaning of the Question under consideration, and clearly it is 

 not one of the other Questions submitted to the Tribunal for decision. 

 Furthermore, it does not correctly state the position of the United 

 States in respect of the trading privileges which the fishing vessels 

 of the inhabitants of the United States are entitled to enjoy, or the 

 obligations of fishing vessels when enjoying trading privileges. The 

 subject of the enjoyment of trading privileges on the treaty coasts 

 is discussed under Question 7, and the contention of the United 

 States is there shown to be that there is nothing in Article I of the 

 treaty of 1818 which prevents the inhabitants of the United States, 

 whose vessels resort to the treaty coasts for the purpose of exercising 

 fishing liberties, from claiming for those vessels " when duly author- 

 ized by the United States in that behalf, the commercial privileges 

 on the treaty coasts accorded by agreement or otherwise to United 

 States trading vessels generally." 6 



This certainly is not a contention that American fishing vessels are 

 entitled " to exercise all the privileges accorded to trading vessels and 

 yet be exempt from the supervision which all nations exercise over 

 all vessels," etc. As a matter of fact no such contention has ever been 

 made by the United States, and it is not now contended that the 

 fishing vessels of the inhabitants of the United States, when enjoy- 

 ing trading privileges, are exempt from the supervision which all 

 nations exercise over trading vessels. It is only when such fishing 

 vessels are deprived of the privileges of trading vessels that the 

 United States objects to having them, while exercising their treaty 

 liberty of fishing, subjected to the conditions and exactions imposed 

 upon trading vessels. 



The evidence presented by Great Britain. 



The British Case fails to show on what authority its assertion of 

 the contention attributed by it to the United States is founded. No 

 such contention will be found in the diplomatic correspondence 

 between the United States and Great Britain, and the position of 



British Case, p. 61. "Infra, p. 105. 



