30 COUNTER-CASE OF GREAT BRITAIN. 



prepared to offer with a view to the friendly consideration by the two 

 Governments of such amendments of the Fishery Regulations as 

 might be reasonably called for in the interests of both countries. 



Her Majesty's government regrets to find that the Memo, contains 

 no suggestion of any kind tending to that object, but that it reopens 

 a discussion on the construction of the Treaty of Washington which 

 it was hoped had been exhausted in the previous correspondence." 



No reply was ever made to this letter, although on the 9th October, 

 1883, a reply was requested (United States Case, pp. 184-5). 



CONCLUSION. 



The foregoing observations are presented to the Tribunal by way 

 of reply to the points raised in the Case of the United States; but 

 His Majesty's Government contends that, whatever view may ulti- 

 mately prevail on those points, this question must be primarily de- 

 termined by the language of the treaty itself. There is nothing in 

 the treaty of 1818 to derogate from the sovereignty of Great Britain 

 over the shores and waters in question, or to restrict her right to 

 regulate the action of all persons coming there. And as to the 

 fisheries, the treaty expressly states that the liberty of fishing is to be 

 enjoyed by Americans "in common" with British subjects; a con- 

 dition which, if it is to have any meaning at all, must mean that 

 Americans are to enjoy the same rights as British subjects, but no 

 more. The argument on this and the other material points has 

 already been presented in the British Case. 



