ARGUMENT OF JOHN S. EWABT. 1409 



the United States Counter-Case where it deals (at pp. 37-39) with 

 the 1870 circular, and in the United States Argument, at p. 73, there 

 is a paragraph headed "The Bouwell Circular," which deals only 

 with the circular of 1870. 



I am not quite sure that I am right in saying and, therefore, do 

 not say very certainly, that Senator Turner confined himself also to 

 the 1870 circular. The 1872 circular, as far as my view goes, does 

 not take the matter any farther than the 1870 circular, because I 

 think that both of them are very clear, and that they both require 

 United States fishermen to conform to British regulations; but, in 

 order that the Tribunal may have it, I ask leave to read the pre- 

 amble of it, in the British Case Appendix, p. 249. I speak of the 

 " preamble " because the same circular that was used before is copied 

 in this circular with two paragraphs of a preamble before it : 



851 "As the season for fishing on the coast of the British Pos- 

 sessions in our vicinity is approaching, it is considered im- 

 portant that fishermen of the United States intending to pursue their 

 business in the locality mentioned, should be thoroughly acquainted 

 with the laws and regulations governing the matter, in order to avoid 

 incurring the penalties for violations thereof. To that end the follow- 

 ing Circular, issued by this Department June 9, 1870, is republished, 

 as containing information still applicable. 



" You will please endeavour to bring the contents of the Circular 

 to the attention of all parties concerned, at the same time notifying 

 them that the provisions of the Treaty between the United States and 

 Great Britain, proclaimed July 4, 1871, relating to the fisheries, will 

 not go into effect until the laws required to carry them into operation 

 shall have been passed by the various Governments mentioned in 

 Article XXXIII, and warning them that their business must yet 

 be carried on subject to the restrictions existing at the time of the 

 ratification of the Treaty." 



This language seems to me to make it more impossible, if that be 

 possible, than before, to argue that the clauses in the circulars to 

 which I have alluded did not mean what they seemed to say. 



THE PRESIDENT : If convenient now, we will stop for to-day. 



MR. EWART: Yes, Sir, I expect to finish to-morrow morning. 



[Thereupon, at 4.37 P. M., the Tribunal adjourned until to-morrow, 

 Tuesday, the 19th July, 1910, at 10 o'clock A. M.] 



TWENTY-SIXTH DAY: TUESDAY, JULY 19, 1910. 



The Tribunal met at 10 o'clock A. M. 



THE PRESIDENT: Will you kindly continue, Mr. Ewart? 



MR. EWART (resuming) : Mr. President, and Gentlemen of the 

 Tribunal, I wish to take up the subject of the treaty of 1871 in 

 connection with the Halifax proceedings. 



