14 THE ARGUMENT OP THE UNITED STATES. 



SCOPE AND MEANING OF THE QUESTION. 



It does not require critical analysis of the foregoing Question to 

 demonstrate that the two Governments are in substantial accord 

 with respect to subdivisions (a) and (5) of the contentions of the 

 United States, namely, that the exercise of the liberty to take fish on 

 the part of the inhabitants of the United States, referred to in Article 1 

 of the treaty of 1818, is not subject to limitations or restraints by 

 Great Britain, Canada, or Newfoundland in respect of (1) the hours, 

 days, or seasons when such inhabitants may take fish on the treaty 

 coasts, or (2) the method, means, and implements used by them in 

 taking fish or in carrying on fishing operations, or (3) any other 

 limitations or restraints of similar character "(a) unless they are 

 appropriate and necessary for the protection and preservation of the 

 common rights in such fisheries and the exercise thereof; and (&) 

 unless they are reasonable in themselves and fair as between local fish- 

 ermen and fishermen coming from the United States and not so 

 framed as to give an advantage to the former over the latter class." 



The particular requirements or characteristics of the regulations 

 to be made are stated by the two Governments in almost identical 

 terms, except in one particular. The statement of the contention 

 of the United States in subdivision (&) is that the regulations must 

 not be so framed as to give the British fishermen " an advantage " 

 over the fishermen of the United States. The equivalent statement 

 in the British contention is that they must not be so framed " as 

 to give unfairly an advantage to the former over the latter class." 

 It will be seen from this statement of the British contention that 

 that Government contemplates the making of regulations of the 

 fisheries which give the British fishermen an advantage over fisher- 

 men of the United States; and since that Government and its colo- 

 nies, under its contention, are to make the regulations and determine 

 for themselves whether the advantages they permit to their own fish- 

 ermen are fair or unfair, no very certain or determinate right will be 

 left to the United States and its fishermen if the British contention 

 should prevail. The fishermen of the United States will be left 

 to struggle with fishermen of Newfoundland under regulations of 

 the latter, made and designed by them for their own advantage, 

 and with no limitation on the power of making them, except the 

 Newfoundland conception of what is fair or unfair. 



