70 THE ARGUMENT OF THE UNITED STATES. 



LEGISLATIVE AND ADMINISTRATIVE ACTION AND DIPLOMATIC 

 CORRESPONDENCE SINCE 1818. 



It is now proposed to consider briefly the significance of certain 

 statutes, and administrative acts on the part of the two Governments, 

 and the interchange of views between their diplomatic representa- 

 tives, extending from 1818 down to the present time, which are re- 

 ferred to in the Cases and Counter Cases of the United States and 

 Great Britain. 



THE BRITISH ACT OP JUNE 14, 1819, AND THE ORDER IN COUNCIL 



OF JUNE 19, 1819. 



The force of these formal acts of Great Britain, taken immediately 

 after the treaty of 1818 was made, constituting a contemporaneous 

 construction of the treaty by that Government contrary to the mean- 

 ing for which.it now contends, has already been pointed out, and it 

 has been shown that Great Britain did not attempt to depart from 

 the construction thus given the treaty until recent years. Further 

 discussion of this subject would seem to be unnecessary. 



NEWFOUNDLAND'S LEGISLATIVE ACCEPTANCE OF THE TREATY 



OF 1871. 



The fisheries articles of treaty of 1871 were extended to Newfound- 

 land by Article 32 of that treaty, with the proviso that if the Impe- 

 rial Parliament, the Legislature of Newfoundland, or the Congress 

 of the United States should not embrace the Colony of Newfound- 

 land in their laws enacted for the purpose of carrying the treaty into 

 effect, then that the fisheries provisions of the treaty should not 

 extend to Newfoundland. 



The Congress of the United States, by section 2 of the Act of 

 March 1, 1873, provided, pursuant to the treaty, that whenever the 

 Newfoundland Government should give its consent to the application 

 to Newfoundland of the stipulations and provisions of Articles 18 to 

 25 of the treaty, inclusive, and allow the United States the full bene- 

 fits of all the stipulations therein contained, then that colony should 

 be entitled to avail itself of the stipulations of the treaty. 6 



a U. S. Case, Appendix, 32. 



6 U. S. Counter Case, Appendix, 60. 



