74 CASE OF THE UNITED STATES. 



Order in Councilof September 9, 1907. 



By an order in council dated September 9, 1907 regulations were 

 again adopted under the authority given by the first section of the 

 Act of June 14, 1819 and, as will later appear, this order in council was 

 adopted by Great Britain after Newfoundland had asserted the right 

 to impose restrictions without the concurrence of the United States 

 upon American fishermen in the exercise of the fishing liberties 

 claimed by the United States on the Newfoundland coast under the 

 treaty of 1818. It is, therefore, of interest in this connection to 

 find that here again, as before, the regulations made by this order 

 in council applied to British subjects and not to American fishermen 

 and were designed to prevent British subjects from interfering with 

 American fishermen and that the authority for adopting such regula- 

 tions was stated by the terms of the order to be the Act of June 14, 

 1819, the purpose of which act was, as heretofore shown, to pro- 

 vide for the adoption of such regulations " as shall or may be from 

 time to time deemed proper and necessar}^ for the carrying into 

 effect the purposes of the said convention with relation to the taking, 

 drying and curing of fish by inhabitants of the United States of 

 America in common with British subjects within the limits set forth 

 in the said article of the said convention and hereinbefore recited." 



The following recitals in the order referred to will show the 

 character of the regulations adopted: 



And whereas by an Order in Council made on the 19th June, 1819, 

 in pursuance of the powers vested in His Majesty by the said Act, 

 certain directions were given to the Governor of Newfoundland, 



And whereas His Majesty by and with the advice of His Majesty's 

 Privy Council deems it proper and necessary for the carrying into 

 effect the purposes of the said Convention, to give further directions 

 with relation to the taking, drying, and curing of fish by the inhabit- 

 ants of the United States of America in common with British subjects 

 on the coasts of Newfoundland: 



Now therefore. His Majesty, in pursuance of the powers vested 

 in His Majesty by Section I. of the Act 59 George III., cap. 38, by 

 and with the advice of His Majesty's Privy Council is pleased to 

 order and it is hereby ordered as follows: — 



I. No provisions, rules, or enactments which may be in force 

 with regard to the boarding and bringing into port of foreign fishing 

 vessels found in the waters of Newfoundland shall, within the limits 

 prescribed by the said Convention of 1818, apply to vessels in which 

 mhabitants of the United States of America resort to the waters 

 of Newfoundland for the purpose of exercising the liberty assured 

 to them by Article I. of the said Convention. 



