QUESTION SEVEN. 



Are the inhabitants of the United States whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred 

 to in Article I of the treaty of 1818 entitled to have for those vessels, 

 when duly authorized by the United States in that behalf, the com- 

 mercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally? 



Although the British contention under Question 2 was that the 

 inhabitants of the United States, and not the vessels used by them, 

 were entitled to a fishing liberty under the treaty, yet it is now con- 

 tended on the part of Great Britain, in discussing Question 7, that 

 the vessels alone, and not the inhabitants of the United States, own- 

 ing or using such vessels, must be considered. 



This point of view and an apparent misunderstanding on the 

 part of Great Britain as to the position of the United States on this 

 Question make it necessary that the exact scope and meaning of this 

 Question should be determined. 



The scope of the Question. 



This Question, like all the other Questions presented in the Special 

 Agreement under which this Arbitration is held, is raised only in 

 relation to the provisions of Article I of the treaty of 1818, which 

 this Tribunal is called upon to interpret. It is agreed on both sides 

 that Article I of that treaty relates to fishing, and not to commercial 

 privileges; and the United States does not claim that the treaty 

 of 1818 confers general commercial privileges on the treaty coasts 

 upon the inhabitants of the United States, or upon their vessels, 

 whether they are trading or fishing vessels. 



The Question under consideration assumes that commercial privi- 

 leges on the treaty coasts are now accorded, by agreement or otherwise, 

 to United States trading vessels generally; but it does not ask what 

 these privileges are, or by what agreement or otherwise they are ac- 

 corded ; and in considering this Question it is unnecessary to examine 

 the terms on which such commercial privileges are accorded to Amer- 

 ican trading vessels, or the extent of such privileges. 



The Question deals only with the effect of the provisions of Article 

 I of that treaty upon the use by the inhabitants of the United States 

 92909 S. Doc. 870, 61-3, vol 6 8 105 



