ARGUMENT OP ELIHU BOOT. 2093 



three-mile area which it was the express purpose of the treaty to 

 open." 



Thereupon Lord Salisbury makes another reply, in which he sup- 

 plements and leaves no possibility of doubt as to the meaning and 

 scope and effect of his previous declarations. That is in his letter 

 of the 3rd April, 1880, which begins on p. 683 of the United States 

 Case Appendix. He says in the second paragraph of the letter, on 

 p. 683 : 



" In considering whether compensation can properly be demanded 

 and paid in this case, regard must be had to the facts as established, 

 and to the intent and effect of the articles of the Treaty of Wash- 

 ington and the convention of 1818 which are applicable to those 

 facts." 



And he proceeds to a careful consideration of those instruments 

 and their effect. 



I shall ask the Tribunal also to observe that in the first paragraph 

 he explains the delay in sending this letter by saying that it has 

 been occasioned by the necessity of instituting a very careful inquiry, 

 and the fullest consideration, and that the inquiry has now been 

 completed. So this is a very deliberate, matured, and fully con- 

 sidered communication. Over on p. 684, at the top of the page, 

 he says: 



" Such being the facts, the following two questions arise : 



" 1. Have United States fishermen the right to use the strand for 

 purposes of actual fishing? 



" 2. Have they the right to take herrings with a seine at the season 

 of the year in question, or to use a seine at any season of the year for 

 the purpose of barring herrings on the coast of Newfoundland ? " 



And he proceeds to answer both questions in the negative. The 

 first question he answers in the negative upon an examination of the 

 nature of the right conferred by the treaty of 1818 and the Treaty of 

 Washington. And he describes the right. He says, at the begin- 

 ning of the paragraph in the middle of p. 684 : 



"Articles XVIII and XXXII of the Treaty of Washington super- 

 added to the above-mentioned privileges " 



That is, the privileges which he had just recited from the treaty 

 of 1818. 



"the right for United States fishermen to take fish of every kind 

 (with certain exceptions not relevant to the present case) on all por- 

 tions of the coast," &c. 

 Then he says : 



" Thus.whilst absolute freedom in the matter of fishing in territorial 

 waters is granted, the right to use the shore for four specified pur- 

 poses alone is mentioned in the treaty articles, from which United 

 States fishermen derive their privileges, namely, to purchase wood, 

 to obtain water, to dry nets, and cure fish. 



