62 THE ARGUMENT OF THE UNITED STATES. 



regulations, it is a necessary corollary that, the power once con- 

 ceded to make regulations even though coupled with the concession 

 that they must be reasonable, it is practically and at discretion an 

 absolute and unlimited power. 



Every limitation on the fishing right which the British colonies 

 may conceive it to be to their interest to impose, may still be plausibly 

 defended as a reasonable regulation in the interest of the preserva- 

 tion of the fisheries, or as being necessary for the exercise of their 

 common right by the fishermen of the two countries, or as being 

 equitable and fair between them, or as being so framed as not to give 

 the one an unfair advantage over the other. The regulations once 

 made, pursuant to a recognized power to make them, are valid as 

 municipal laws and must be enforced, however unreasonable, unneces- 

 sary, and unfair, unless war shall coerce the regulating power, or 

 diplomatic remonstrance convince it of the propriety of changing 

 them. 



The power, therefore, to make reasonable regulations according to 

 certain prescribed standards, is not in its practical effect different 

 from the power to make regulations at will and without limitation 

 as to character, when the state which makes the regulations is the 

 sole judge of their reasonableness measured by the prescribed 

 standards. It will be seen that even with the concession made by 

 Great Britain by the peculiar form in which this contention is ad- 

 vanced, the question recurs again and with full force can a state, 

 which has limited its territorial supremacy by the grant of a servi- 

 tude to fish in its territorial waters, which grant is without limita- 

 tion, and without reservation of power either express or implied to 

 regulate the subject-matter of the fishery, make regulations, without 

 the consent of the beneficiary, which limit the enjoyment of the servi- 

 tude in the very matter of the time and manner of taking fish. 



It may be said that it is to be presumed that neither Great Britain 

 nor her colonies will make any regulations which are not reasonable 

 in the sense that they are not necessary, or are unfair and inequitable. 

 But it is submitted that rights, solemnly granted on good considera- 

 tion, should not be dependent merely upon the presumption of good 

 faith. Such rights are created and defined by solemn writings and 

 are to be held and enjoyed in accordance with the terms of the instru- 

 ment granting and defining them and to the full extent thereof. 



