61 QUESTION SEVEN. 



COMMERCIAL PRIVILEGES. 

 THE CONTENTIONS. 



The question before the Tribunal is whether the inhabitants of 

 the United States whose vessels resort to the treaty coasts for the 

 purpose of exercising the liberties conceded in article 1 have for 

 their vessels, when duly authorised by the United States in that be- 

 half, the commercial privileges on the treaty coasts accorded by 

 agreement or otherwise to vessels engaged only in trade. His Maj- 

 esty's Government contends that the article confers no right of any 

 kind on American vessels ; and that it confers no right on the inhabi- 

 tants of the United States in regard to trade. If that be so it follows, 

 so far as the treaty of 1818 is concerned (and it is the construction 

 of that treaty alone which is submitted to the judgment of this 

 Tribunal), that there is nothing to prevent Great Britain from im- 

 posing such restrictions as she pleases on vessels seeking to trade as 

 well as to fish on the treaty coasts. 



In the Case of the United States (p. 249) it is admitted that the 

 question is raised only in relation to the provisions of article 1, but 

 the grounds on which it is contended that a right, to trade is given by 

 that article are not stated. The language of the article lends no sup- 

 port to such a contention, and His Majesty's Government submits 

 that this Tribunal should not go behind the language of a treaty when 

 that language is distinct and free from any ambiguity. 



Moreover, the United States Government contended before the 

 Halifax tribunal that an analogous treaty (the treaty of 1871) 

 (British Case, pp. 132, 147) gave no right to trade, and in the diplo- 

 matic correspondence of 1887 relating to the arrangement proposed 

 in that year, the same view was again advanced by the United States 

 Government. The words used on the latter occasion were (British 

 Case, App., p. 422) : 



It is not contended that the right to purchase bait and supplies, 

 or any other privilege of trade was given by the Treaty of 1818. 



If, then, the question is raised only in relation to article 1, 



62 and that article gives no right to trade, it follows that the 

 question must be answered by this Tribunal in the negative. 



53 



