AWARD OF THE TRIBUNAL. 89 



servants; (4) that the right of employing servants has not been 

 limited by the treaty to the employment of persons of a distinct 

 nationality or inhabitancy; (5) that the liberty to take fish as an 

 economic liberty refers not only to the individuals doing the manual 

 act of fishing, but also to those for whose profit the fish are taken. 



But considering that the treaty does not intend to grant to indi- 

 vidual persons or to a class of persons the liberty to take fish in cer- 

 tain waters " in common,'' that is to say in company, with individual 

 British subjects, in the sense that no law could forbid British sub- 

 jects to take service on American fishing-ships; (2) that the treaty 

 intends to secure to the United States a share of the fisheries desig- 

 nated therein, not only in the interest of a certain class of individuals, 

 but also in the interest of both the United States and Great Britain, 

 as appears from the evidence and notably from the correspondence 

 between Mr. Adams and Lord Bathurst in 1815; (3) that the inhabi- 

 tants of the United States do not derive the liberty to take fish 

 directly from the treaty, but from the United States Government 

 as party to the treaty with Great Britain and moreover exercising 

 the right to regulate the conditions under which its inhabitants may 

 enjoy the granted liberty; (4) that it is in the interest of the inhabi- 

 tants of the United States that the fishing liberty granted to them 

 be restricted to exercise by them and removed from the enjoyment of 

 other aliens not entitled by this treaty to participate in the fisheries; 

 (5) that such restrictions have been throughout enacted in the 

 British Statute of June 15, 1819, and that of June 3, 1824, to this 

 effect, that no alien or stranger whatsoever shall fish in the waters 

 designated therein, except in so far as by treaty thereto entitled, and 

 that this exception will, in virtue of the treaty of 1818, as herein- 

 above interpreted by this Award, exempt from these statutes Ameri- 

 can fishermen fishing by the agency of non-inhabitant aliens em- 

 ployed in their service; (6) that the treaty does not affect the 

 sovereign right of Great Britain as to aliens, non-inhabitants of the 

 United States, nor the right of Great Britain to regulate the en- 

 gagement of British subjects, while these aliens or British subjects 

 are on British territory. 



Now, therefore, in view of the preceding considerations this Tribunal is 

 of opinion that the inhabitants of the United States while exercising 

 the liberties referred to in the said article have a right to employ, as mem- 

 bers of the fishing crews of their vessels, persons not inhabitants of the 

 United States. 



But in view of the preceding considerations the Tribunal, to prevent any 

 misunderstanding as to the effect of its Award, expresses the opinion that 

 non-inhabitants employed as members of the fishing crews of United States 

 vessels derive no benefit or immunity from the treaty and it is so decided 

 and awarded. 



