CONTENTS OF THE ARGUMENT. 



Page. 



INTRODUCTORY STATEMENT 5 



QUESTION ONE 18 



Scope and meaning of the Question 14 



International servitudes 16 



Nature of an international servitude 17 



The extent to which an international servitude limits the power of 



the servient state 29 



The treaty right in this case possesses the essential elements of an 



international servitude 30 



The terms "liberty" and "in common" 32 



Examination of the Treaty of 1818 32 



Meaning of "liberty" 33 



Meaning of "in common" 86 



Grammatical and colloquial meaning of "in common" 37 



Meaning of "in common" as a term of art 38 



The British contention as to the meaning of "in common " 41 



The British construction would lead to inadmissible results 43 



Interpretation and construction by the Parties .. 44 



Construction of United States sustained by negotiations preceding the 



treaty 44 



Contemporaneous construction 60 



Later construction ., 53 



Conclusions 54 



Right to regulate and character of regulations 64 



British argument as to the right to impose regulations 55 



British argument based on supposed continuance of Treaty of 1783 . . 59 



The question of reasonable regulations . 61 



Regulations referable to public order 66 



Regulations referable to public morals 67 



Legislative and administrative action and diplomatic correspondence 



since 1818 70 



The British Act of June 14, 1819, and the Order in Council of June 



19, 1819 70 



Newfoundland's legislative acceptance of the Treaty of 1871 70 



The Marcy circular 71 



The Boutwell circular 73 



The Halifax arbitration and award 74 



The Cardwell letter 76 



The Fortune Bay controversy 77 



Settlement of Fortune Bay claims 80 



British suggestion for joint regulations 80 



Joint action of Great Britain and France 82 



British admission of dominant French rights 83 



French assertion of dominant rights 84 



The correspondence of 1905-1907 86 



1 



