62 COUNTER CASE OF THE UNITED STATES. 



exactions upon American fishing vessels exercising their treaty 

 right of entering the bays and harbors on these coasts for the pur- 

 poses specified in the treaty, when at the same time such vessels are 

 not permitted to enjoy commercial privileges. 



The subject of the treatment and obligations of American fishing 

 vessels when enjoying commercial privileges on the non-treaty coasts, 

 being eliminated from the discussion, it is unnecessary at this time 

 to discuss whether or not subsequently to the treaty of 1818 Ameri- 

 can fishing vessels have become entitled to commercial privileges on 

 the non-treaty coasts. It is sufficient for the purposes of the present 

 discussion, to state that the United States does not contend that under 

 the treaty of 1818, independent of any subsequent action, American 

 fishing vessels are entitled to general trading privileges on the non- 

 treaty coasts. 



The scope of this question. 



This Question must, therefore, be considered solely with reference 

 to the treatment of American fishermen entering the bays and harbors 

 on the non-treaty coasts for the four purposes specified in the 

 renunciatory clause of the treaty but not for trading purposes; in 

 other words, the situation to which this Question applies, is exactly 

 the situation which existed at the time when the treaty was entered 

 into. This situation, and the effect of the treaty upon it, are stated in 

 the British Case as follows: 



At the date of the treaty no American vessel had a right to enter 

 any port in British North America for commercial purposes. Those 

 ports were absolutely closed to American traders, just as the ports 

 of the United States were closed to British traders. ' The treaty made 

 an exception to this general prohibition, and permitted vessels of a 

 particular kind, to wit, fishing vessels, to have access to the British 

 shores for certain limited purposes, but it did not do away with the 

 general prohibition against entry for other purposes; it did not 

 confer on fishing-vessels those commercial privileges which were 

 denied at that time, and for years afterwards, to vessels of all other 

 kinds. 6 



In these circumstances, the treaty provided that American fish- 

 ermen admitted to the bays and harbors of he non-treaty coast for 

 the four purposes specified should be under " such restrictions as may 



U. S. Case, p. 197. 'British Case, p. 146. 



