50 THE ARGUMENT OF THE UNITED STATES. 



posed restriction was inadmissible because of the nature and extent 

 of the right intended to be granted, how can it be maintained that it 

 was intended to reserve to Great Britain the right to impose such 

 restrictions of her own volition ? 



These considerations would seem to put the matter beyond the realm 

 of doubt, but the demonstration would be incomplete without a glance 

 at the contemporaneous construction of the treaty by the British 

 Government. 



CONTEMPORANEOUS CONSTRUCTION. 



The first step taken by either Government under the treaty was 

 the passage by the King and Parliament of Great Britain of the 

 act of June 14, 1819. This act by the first section authorizes His 

 Majesty, the King 



to make such regulations, and to give directions, orders and instruc- 

 tions to the governor of Newfoundland or to any other officer or 

 officers on that station, or to any other person or persons whom ever, 

 as shall or may be deemed proper and necessary for the carrying 

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

 taking, drying and curing of fish, by the inhabitants of the United 

 States of America, in common with British subjects, within the limits 

 set forth in the said articles of the said convention and hereinbefore 

 recited. 



The second section of the act related to coasts other than the 

 treaty coasts referred to in the first section, and made it unlawful 

 for other than British subjects to fish thereon, or in the bays and 

 harbors thereof, or to be there found preparing to fish. 



The third section made it lawful for fishermen of the United 

 States to enter into any of the bays or harbors of the non-treaty 

 coasts for shelter, for repairing damages therein, and for the purchase 

 of wood and obtaining water and for no other purpose 



subject nevertheless to such restrictions as may be necessary to pre- 

 vent such fishermen of the United States from taking, drying or 

 curing fish in the said bays or harbors or in any other manner what- 

 ever abusing the said privileges by the said treaty and this act 

 reserved to them, and as shall for that purpose be imposed by any 

 order or orders to be from time to time made by His Majesty in 

 council under the authority of this act, and by any regulation which 

 shall be issued by the governor or person exercising the office of 

 governor in any such parts of His Majesty's dominions in America, 

 under or in pursuance of any such order in council as aforesaid. 



fl U. S. Case, GO. 



