ARGUMENT OF ELIHU BOOT. 2031 



of this Treaty (regard being had to particular local circumstances, 

 and, on the part of Austria-Hungary regard being had in addition 

 to the concessions made in return by Italy) to Austro-Hungarian in- 

 habitants and the Italians of the shores of the Adriatic the right to 

 fish along the coasts of the other State, reserving therefrom, however, 

 the coral and sponge fishery as well as the fishery within a marine 

 mile of the coast, which is reserved exclusively to the inhabitants 

 of the coast. 



" It is understood that the Regulations for maritime fishery in 

 force in the respective States must be strictly observed, and especially 

 those which forbid the fishery carried on in a manner injurious to 

 the propagation of the species." 



There is a real reservation, a reservation made as it would have 

 been made in this treaty of 1818 if the makers of the treaty had in- 

 tended that there should be a reservation of the right of control over 

 the liberty to fish such as it was universal to express in the treaties 

 of the time granting trading privileges to the citizens of one country 

 in territory of another. 



I now pass to my proposition that the makers of this treaty of 

 1818 understood the treaty in accordance with the American con- 

 tention; that they had no idea whatever that the grant which they 

 were making was subject to any power or authority of Great Britain 

 to restrict, limit, modify, or affect it by subsequent legislation. 



And the first circumstance which shows that is the circumstance 

 to which I have just been referring in dealing with the subject of 

 the analogy of trading treaties, that is, that these gentlemen who 

 made this treaty in 1818 refrained from inserting in it the customary 

 reservation of the time the reservation which it was the practically 

 universal rule of the time to put in when to one country was granted 

 a right for its citizens to enter into and obtain benefits within the 

 territory of another country. 



You will have observed that I have quoted these express reserva- 

 tions in three treaties between the United States and Great Britain 

 made prior to 1818 the treaty of 1794, the Jay Treaty, the treaty of 

 1806, and the treaty of 1815 that is, all the treaties that had ever 

 been made between Great Britain and the United States granting 

 rights to the citizens of one country to enter into and be relieved 

 from the power of exclusion on the part of the Government of the 

 jther country. 



Those are the three commercial treaties, three treaties granting 

 trade and travel rights between the two countries, and they are all. 



Now, would it not be extraordinary if these gentlemen who made 

 the treaty of 1818, coming to grant these rights and intending that 

 there should be a right of municipal regulation over the exercise of 

 the right, should not put in the provision that was in every other 

 treaty that had been made? They must have known of this great 



