ARGUMENT OF JOHN S. EWABT. 1421 



latures had a right to pass reasonable regulations in reference to the 



fisheries. The material part of the statute is as follows: 



" That whenever the President of the United States shall be satis- 

 fied that American fishing vessels or American fishermen, visiting or 

 being in the waters or at any ports or places of the British domin- 

 ions of North America, are or then lately have been denied or 

 abridged in the enjoyment of any rights secured to them by treaty or 

 law, or are or then lately have [been] unjustly vexed or harassed 

 in the enjoyment of such rights, or subjected to unreasonable restric- 

 tions, regulations, or requirements in respect of such rights; or 

 otherwise unjustly vexed or harassed in said waters, ports or 



1 V * * 



places ; 



Down to there the statute is dealing with fishing; then it goes on 

 to speak of commercial privileges: 



"or whenever the President of the United States shall be satisfied 

 that any such fishing vessels or fishermen, having a permit under the 

 laws of the United States to touch and trade at any port or ports, 

 place or places, in the. British dominions of North America, are or 

 then lately have been denied the privilege of entering such port or 

 ports, place or places in the same manner and under the same regu- 

 lations as may exist therein applicable to trading vessels of the most 

 favoured nation, or shall be unjustly vexed or harassed in respect 

 thereof, or otherwise be unjustly vexed or harassed therein, or shall 

 be prevented from purchasing such supplies as may there be lawfully 

 sold to trading vessels of the most favoured nation ; or whenever the 

 President of the United States shall be satisfied that any other vessels 

 of the United States, their masters or crews, so arriving at or being 

 in such British waters or ports or places of the British dominions of 

 North America, are or then lately have been denied any of the privi- 

 leges therein accorded to the vessels, their masters or crews, of the 

 most favoured nation, or unjustly vexed or harassed in respect of the 

 same, or unjustly vexed or harassed therein by the authorities 

 thereof," 



then it shall be lawful for the President to declare non-intercourse. 

 Now, Sirs, it seems to me that the United States Congress had 

 adopted the British view as to regulations; otherwise we should 

 have had it that, if the British Legislatures adopted regulations of 

 any kind, the President might retaliate. But the clause is that if 

 the American fishermen are subjected to " unreasonable restrictions, 

 regulations, or requirements" in respect of their fishing rights 



SIR CHARLES FITZPATRICK: Or harrassed in the enjoyment; would 

 that not cover the case of improper regulations ? 



MR. EWART: That would cover the case also of improper regula- 

 tions. 



SIR CHARLES FITZPATRICK: That term is broad enough to cover 



improper regulations? 



859 MR. EWART: Clearly the United States had no doubt that 

 reasonable regulations could be enforced as against United 

 States fishermen. 



