86 THE ARGUMENT OF THE UNITED STATES. 



A reference to the correspondence in the French controversy is 

 unnecessary to show the complete recognition of the real character of 

 such a right as that enjoyed by fishermen of the United States under 

 the treaty of 1818 and its effect in limiting British territorial 

 sovereignty, in view of the declaration of Lord Salisbury to Mr. 

 Evarts in his letter of November 7, 1878 : 



On the other hand, Her Majesty's Government will readily admit 

 what is, indeed, self evident that British sovereignty, as regards 

 those waters, is limited in its scope by the engagements of the treaty 

 of Washington, which cannot be modified or affected by any munici- 

 pal legislation. 



The statesmen of Great Britain appear to have recognized the real 

 character of the American fishing right from the very beginning. 

 On November 6, 1818, Mr. Gallatin, one of the negotiators of the 

 treaty of 1818, wrote to Mr. Adams, Secretary of State, as follows : 



That right of taking and drying fish in harbors within the 

 exclusive jurisdiction of Great Britain, particularly on the coasts 

 now inhabited, was extremely obnoxious to her, and was considered 

 as what the French civilian call a servitude. 6 



THE CORRESPONDENCE OF 1905-1907. 



No occasion for a renewal of the controversy over fishery regula- 

 tions on treaty coasts appears to have been presented until 1905, 

 \rhen, owing to the unfriendly attitude of Newfoundland toward 

 American fishermen, it became necessary for Secretary Root to bring 

 up the subject for discussion with Great Britain. 



The correspondence, which ensued, is reviewed at length in the 

 Case of the United States, and does not require a re-examination here." 



It is sufficient for the present to point out that the arguments ad- 

 vanced by Mr. Root in his letter of June 30, 1906, have never been 

 answered by Great Britain, but that Sir Edward Grey, in a note to 

 Mr. Reid dated June 20, 1907, proposed a temporary arrangement 

 of the fisheries question, pending submission to the United States of 

 all British laws and regulations on the subject, with a view to their 

 amendment.* 



Later a proposition was made by the United States to submit the 

 question to arbitration before The Hague Tribunal, 6 and that propo- 

 sition led to the making of the Special Agreement under which this 

 arbitration is held. 



U. S. Case, Appendix, 658. U. S. Case, Appendix, 1005. 



6 British Case, Appendix, 97. e U. S. Case, Appendix, 1008. 



* U. S. Case, 207, et seq. 



