(J4 COUNTER CASE OF THE UNITED STATES. 



in the light of the conditions surrounding the exercise of the privi- 

 leges reserved; and the restrictions imposed must not be incon- 

 sistent with, or of such a character as to prevent, the full enjoy- 

 ment of those privileges. In speaking of the Canadian and New- 

 foundland coasts, the British Case refers to "their large extent of 

 sea-coast, their thickly-wooded shores, their numerous bays and 

 harbors, their scattered population, and the prevalence of fog." 

 Taking into consideration the extent and character of these coasts 

 and the consequent difficulty of finding a custom-house, it is evident 

 that a requirement that a fishing vessel should report at a custom- 

 house whenever it availed itself of any of the privileges of taking 

 shelter, or repairing damages, or purchasing wood, or obtaining 

 water in any bay or harbor on these coasts, would in most cases 

 practically amount to a denial of the enjoyment of such privileges. 

 Moreover, the requirement of reporting at a custom-house would 

 have no possible value as a restriction to prevent taking, drying, or 

 curing fish; and such a requirement would be entirely unnecessary 

 to prevent smuggling on the greater part of the non-treaty coasts, 

 owing to their unsettled character. It follows, therefore, that any 

 such restriction applying to all fishing vessels on all parts of the 

 non-treaty coasts would exceed the authority reserved by the treaty, 

 which authorizes only such restrictions as are necessary to prevent 

 the acts specified. 



Other exactions. 



With reference to the portion of this Question which relates to the 

 imposition of other conditions or exactions, all that has been said 

 above applies equally here, and, in addition, attention is called to 

 the opinion of the Law Officers of the Crown, rendered in 1841. It 

 will be remember that one of the questions, upon which the opinion 

 of these officers was asked, was 



Have American Fishermen the right to enter the Bays and Harbors 

 of this Province [Nova Scotia] for the purpose of purchasing wood 

 or obtaining water, having provided neither of these articles at the 

 commencement of their voyages, in their own countries ; or have they 

 the right of entering such Bays and Harbors in cases of distress, or 

 to purchase wood and obtain water, after the usual stock of those 

 articles for the voyage of such Fishing craft has been exhausted or 

 destroyed. 6 



"British Case, p. 66. U. S. Case, p. 105. 



