1412 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



articles 26 and 28 of the same treaty. These two articles secured to 

 each country the free navigation or certain rivers and lakes within 

 the territories of the other, creating undeniable servitudes in favor 

 of each country as against the other. The right of each country to 

 regulate the enjoyment of the servitude within its borders was not 

 left to any implication of law nor to be drawn from uncertain words, 

 but was specifically reserved." 



The treaty to which reference there is made may be found in the 

 British Case Appendix, at p. 41, and I ask attention to the two arti- 

 cles that the United States in its Argument has referred to, articles 

 26 and 28. These indicate the care observed by two nations in safe- 

 guarding " national sovereignty " so the Argument declares. 



Article 26 conceded the navigation of the St. Lawrence to the 

 United States 



" subject to any laws and regulations of Great Britain, or of the 

 Dominion of Canada, not inconsistent with such privilege of free 

 navigation." 



and it is suggested that those words constitute a very careful reserva- 

 tion of the right to regulate. 



I submit, Sirs, with great respect, that those words might just as 

 well have been left out of the clause, and that the effect of the clause 

 would have been exactly the same. The only reservation is the right 

 to make laws and regulations which are not inconsistent with the 

 grant. The effect of the clause would have been precisely the same 



if that reservation had not been there. 

 853 The second part of the article concedes the navigation of 



other rivers, and the saving words appear there also. 



" subject to any laws and regulations of either country within its own 

 territory, not inconsistent with such privilege of free navigation." 



and the other article to which the United States referred, article 28, 

 concedes, on the part of the United States, the navigation of Lake 

 Michigan 



" subject to any laws and regulations of the United States or of the 

 States bordering thereon not inconsistent with such privilege of free 

 navigation." 



Now, Sirs, I think those words, although not making any differ- 

 ence in the meaning of the clause, do supply something we have been 

 in search of, namely, a declaration between the Governments that the 

 grant of a servitude may be subject to regulation not inconsistent with 

 the servitude. 



The United States speak of this as a servitude, I am not sure that 

 I should, but whether or not, we have it very clearly expressed here 

 that when a liberty is given, it is not a liberty free from regulation, 

 but a liberty subject to regulation not inconsistent with the treaty. 

 Therefore there may be regulations which will not be inconsistent 



