2030 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



lation otherwise than by the navigating State furnishes an analogy 

 upon which he may say that m this grant of a right to use this 

 specific territory of Great Britain for the benefit of the United States 

 there is to be implied a right of limitation and modification by the 

 municipal regulation of Great Britain? 



So about canals. It is difficult to see how anyone can navigate a 

 canal except under the rules of the canal, any more than one can 

 travel on a railroad except under the rules of the railroad. But the 

 canals which we have reference to here in this treaty of 1871 are 

 subject to an express reservation. 



Article 27 of the treaty of 1871 is the only one to which we have 

 been referred, and the only one that we know of, about the interna- 

 tional use of the canals by the United States the only one which we 

 have in this record at all events : 



" The Government of Her Britannic Majesty engages to urge upon 

 the Government of the Dominion of Canada to secure to the citizens 

 of the United States the use of the Welland, St. Lawrence, and other 

 canals in the Dominion on terms of equality with the inhabitants of 

 the Dominion." 



And the reciprocal undertaking of the United States for the enjoy- 

 ment of the use of the St. Clair Flats Canal is to be on terms of 

 equality with the inhabitants of the United States. 



And the provision regarding the several State canals is that the 

 use is to be on terms of equality with the inhabitants, and so on. 



Now observe that postulates the making of terms, which of course 

 must be made with regard to the navigation of a canal : those terms 

 are to be made, and the standard is that the terms are to be on 

 equality with the citizens of the United States or of the Dominion. 

 An entirely different provision, you will perceive, in this 

 1229 treaty, which is not that the inhabitants of the United States 

 shall use this territory for fishing purposes on terms of equality 

 with the subjects of Great Britain, but that they shall have the 

 " liberty " in common. It is a common right which they are to exer- 

 cise, with no provision or stipulation whatever regarding the terms 

 on which it is to be exercised, and no reservation which directly or 

 indirectly in any way whatever points towards the imposing of any 

 regulations or terms whatever on the exercise of the right. 



There is a treaty, to which I referred yesterday a fishing treaty 

 which illustrates the way in which such a reserved right of modifi- 

 cation may properly be secured the treaty between Austria- 

 Hungary and Italy of October 1878. 



That treaty provides as follows : 



" Maintaining expressly in principle for the subjects of the coun- 

 try the exclusive right of fishing along the coasts, there shall be 

 reciprocally accorded as an exception thereto and for the duration 



