TABLE OF CONTENTS. XIII 



Argument of the Honorable Elihu Root Continued. 



Question 1 Continued. Page. 



Under British view United States treaty right may be destroyed 



at her will 1204-5 



Scope of article 4 of special agreement of 1909 1206-10 



United States right a national right, not a right of individuals 1211. 



Austin's definition of " sovereignty " 1212 



United States controls exercise of right 1212-13 



Limitation of sovereignty 1214 



Territorial Waters Act of 1878 1215 



Despagnet 1215 



Institute of International Law, 1894 1215 



Lord Bathurst to Mr. Adams 1216-17 



Permanent nature of the grant 1217, 1219-1223 



Grant limits British sovereignty 1219-20 



No implied reservation of sovereignty in treaty 1220-1 



Meaning of " in common " 1220-21, 1223 



A right beyond power of Great Britain to destroy or impair 1223 



Russo-Japanese Convention, 1907 1223-4 



Analogy as to grants of trading privileges 1224 



Jay Treaty of 1794 1225 



Unratifled treaty of 1806 1225 



Treaty of 1815 1225 



Other treaties 1226-8 



Washington Treaty of 1871 122S 



Austria-Hungary and Italy Treaty of 1878 1229 



Negotiators did not intend in 1818 that Great Britain should have 



power to restrict * 1229-31 



Treaty of 1815 1230 



Example of French rights 1231-5 



Schedule of British regulating statutes presented by Attorney- 

 General examined in detail, and memorandum handed in 1235-43 



No evidence that American fishermen were ever actually sub- 

 jected to these regulations 1243-4 



Marcy circulars, 1855, 1856 1244-6 



Letter, Lord Bathurst to Mr. Adams 1246-7 



Proposals for joint regulations 1246, 1248-50 



Negotiations re coast privileges 1250-1 



Attorney-General's remarks on statute of 1824 1251-2 



Mr. Adams to Lord Castlereagh, 22nd January, 1816 1253 



Treaties of 1815 and 1818 compared 1254, 1256-7 



French theory of a servitude 1254 



Reports of British negotiators in 1818 not presented 1255 



Lord Bathurst's letter of 30th October, 1815 1255-6 



Regulations must operate equally 1257 



Proviso in article 1 of treaty of 1818 1258 



Great Britain cannot regulate at her sole will 1258 



Imperial Act and Order-in-Council of 1819 1259-60 



Lord Bathurst's instructions to Governor Keats 1260 



Newfoundland statutes of 1862, 1887, 1889, 1892, 1893, 1898, 



and 1905 1261 



Duke of Newcastle to Governor Bannerman, 1863 1262 



Fish-Thornton correspondence, 1873 1262-3 



Proceedings at Halifax, 1877 1264 



