ARGUMENT OF JOHN S. EWAKT. 1349 



treaty rights are preserved, and they cannot say that aliens fishing 

 for inhabitants of the United States would be exempt from its 

 provisions. 



I pass, Sirs, from the consideration of those statutes to notice more 

 particularly, what effect the United States contention would have 

 upon the treaties between Great Britain and France. 



THE PRESIDENT: If you please, Sir, had not Canada accepted 

 another view, after the treaty of Washington of 1871, when the 

 Canadian coasts became accessible to United States fishermen? 

 There was a Canadian statute, of 1872, 14th June, to be found at 

 p. 631 of the British Case Appendix; and there is, at the end of 

 section 1, a disposition to this purport: 



" shall be and are hereby suspended as respects vessels and inhabitants 

 of the United States of America engaged in taking fish of every or 

 any kind except shell-fish, on the seacoasts and shores," 



It refers not only to inhabitants of the United States, but also to 

 vessels of the United States ? 



MR. EWART : Yes, Sir. And I think that the explanation of that 

 is that the Acts which are being suspended related to vessels as well 

 as to citizens. If the President will be kind enough to look at the 

 first part of the section to which he refers, he will see that one of the 

 Acts, the operation of which is suspended, relates to fishing by for- 

 eign vessels, and that other statutes related to foreign vessels, which, 

 of course, would include not only United States vessels but all for- 

 eign vessels; and that those statutes are suspended, as respects both 

 vessels and inhabitants of the United States. If they were not sus- 

 pended so far as vessels are concerned, they would have remained in 

 force; and as the vessels would have been kept out, of course the 

 inhabitants would have been kept out also. 



THE PRESIDENT: Yes. 



MR. EWART: In the British Case Appendix, p. 7, will be found a 

 part of the treaty of Utrecht between Great Britain and France, to 

 which I wish to call the attention of the Tribunal, with a view of 

 showing what effect the contention of the United States would have 

 upon the French treaties and the French fishermen. I refer to the 

 last clause of section 12 on p. 7. The first part of the section effected 

 a transfer of Nova Scotia from France to Great Britain, and the 

 fourth line from the bottom is as follows : 



" and that in such ample manner and form, that the subjects of the 

 Most Christian King shall hereafter be excluded from all kind of 

 fishing in the said seas, bays, and other places, on the coasts of Nova 

 Scotia, that is to say, on those which lie towards the east, within 30 

 leagues, beginning from the island commonly called Sable, inclu- 

 sively, and thence stretching along towards the south-west." 



