82 THE ARGUMENT OP THE UNITED STATES. 



It is evident from this correspondence, that at that time the United 

 States was invited to assist in making the regulations, and likewise 

 to join in their enforcement in British waters. 



JOINT ACTION OF GREAT BRITAIN AND FRANCE. 



It is deemed proper in this connection without going into the 

 matter at length, to call attention to several conventions between 

 Great Britain and France relating to the regulation of the Newfound- 

 land fisheries on the French treaty coast. 



By the treaty of 1857, which failed to secure the sanction of the 

 legislature of Newfoundland, provision was made for joint commis- 

 sioners to adjust differences arising under the treaty, and these com- 

 missioners were given power, subject to the approval of the two Gov- 

 ernments, to frame " regulations for the exercise of concurrent rights 

 by the parties to this convention with a view to prevent collisions." 



Under the arrangements of 26th April, 1884, and of 14th November, 

 1885, which were also dissented from and defeated by the govern- 

 ment of Newfoundland for reasons not involved in this case, it 

 was provided that the superintendence and the police of the fisheries 

 should be exercised by the ships of war of the two countries, which 

 were to notify to each other mutually any infractions of the treaty 

 and to record all such infractions ; to oppose operations of the British 

 subjects which might interrupt the French fishermen; to draw up 

 reports of interferences on shore which disturbed the drying and 

 preparing of fish, such reports being made competent evidence in 

 judicial proceedings; to secure the persons of offenders and their 

 boats, to be given up to the local authorities and dealt with by 

 them; and to administer immediate justice within the limits of their 

 powers, with regard to complaints brought to their notice. Re- 

 sistance to their directions or injunctions was made resistance to 

 competent authority. 6 



By the treaty of 1904 France renounced the fishery rights estab- 

 lished by the treaty of Utrecht and confirmed by subsequent treaties, 

 but retained for her citizens the right of fishing on a footing of 

 equality with British subjects in the waters of Newfoundland from 

 Cape St. John to Cape Kay. France thus renounced the right to 

 dry and cure fish on land, and also the claim of an exclusive right 



U. S. Case, Appendix, 58 ; U. S. Counter Case, 23. 

 6 U. S. Case, Appendix, 69 ; U. S. Counter Case, 23. 



