1350 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The Tribunal will observe that the exclusion is of the " subjects " 

 of France, and it seems to me to be impossible for anyone to contend 

 that, notwithstanding this treaty, those " subjects " could enter the 

 service of the inhabitants of the United States, and participate in 

 the fishing from which by treaty they are excluded. The exclusion is 

 directed, as I say, to the " subjects," that is, to the individuals 

 whether fishing for themselves, or fishing for other people, is quite 

 immaterial. 



If I am right in that, then I must be right in the interpretation of 

 the permissive clause in the following section, about eight lines from 

 the bottom: 



815 " But it shall be allowed to the subjects of France to catch 

 fish, and to dry them on land, in that part only, and in no 

 other besides that of the said Island of Newfoundland, which 

 stretches." 



One is the exclusion clause, and the other is the permissive clause. 

 I submit that the interpretation of the word " subjects " would be the 

 same in each case, and that, therefore, the permission to the "sub- 

 jects " of France to catch fish and to dry them on land is a permission 

 personal to themselves ; and that they could not bring in all kinds of 

 people who had no right to go there at all. 



In the British Case Appendix, at p. 8 will be found the clause of 

 the 1763 treaty between Great Britain and France as to which the 

 same remarks are applicable ; by section 5 : 



" The subjects of France shall have the liberty of fishing " 



That is the first part of the section. Then, after a colon: 



"And His Britannic Majesty consents to leave to the subjects of 

 the Most Christian King the liberty of fishing in the Gulf of St. 

 Lawrence, on condition that the subjects of France do not exercise 

 the said fishery but at the distance of three leagues " 



and so on. Commencing with the next sentence : 



"And as to what relates to the fishery on the coasts of the Island of 

 Cape Breton, out of the said gulf, the subjects of the Most Christian 

 King shall not be permitted to exercise the said fishery but at the 

 distance of 15 leagues " 



and so* on. 



Here again we have permission and exclusion. And I submit that 

 the interpretation of the word "subjects" in both is the same. It 

 must be remembered, too, that the treaty of 1783 between Great 

 Britain and France continued this same inclusion and exclusion; 

 that that treaty was signed upon the same day as the treaty between 

 Great Britain and the United States; and that the word "subjects" 

 is used in the one and the words " inhabitants of the United States " 

 are used in the other. 



