54 THE ARGUMENT OP THE UNITED STATES. 



Appendix to the British Case, for the purpose of sustaining the state- 

 ment. Nevertheless the United States makes the statement confi- 

 dently and will amply support it when it comes to present its oral 

 argument. More than that no attempt to enforce, as against Ameri- 

 can fishermen, such laws and regulations as were finally adopted, was 

 made until a much later period, if indeed it can be said that any at- 

 tempt was ever made to enforce such laws and regulations on the 

 treaty coast against the American fishermen prior to the year 1905. 



CONCLUSIONS. 



The United States submits: 



1. That the treaty of 1818 created in favor of the United States 

 as against Great Britain an international servitude. 



2. That the treaty contained no reservation of power in Great 

 Britain to limit or restrain by municipal laws or regulations the 

 beneficial enjoyment of the servitude. 



3. That, in the absence of such a reservation, there remains no 

 power in Great Britain to limit or restrain its exercise by the United 

 States, or its inhabitants, without the consent of the United States. 



EIGHT TO REGULATE AND CHARACTER OF REGULATIONS. 



It is conceived that the foregoing discussion has made it possible 

 to measure intelligently the limiting regulations, mentioned in Ques- 

 tion One of the Special Agreement, with the rights granted by the 

 treaty of 1818, and to determine the extent of the conflict between 

 such regulations and the treaty. The first limiting regulation therein 

 mentioned is one "in respect of the hours, days, and seasons 

 when fish may be taken on the coasts." Manifestly the treaty is 

 without limitation as to the hours, days, or seasons when fish may 

 be taken on the treaty coasts, and, therefore, regulations limiting the 

 right to fish to certain hours, days, or seasons are altogether in con- 

 flict with the treaty. 



U. S. Counter Case, 25, 26. 



