QUESTION TWO. 



Have the inhabitants of the United States, while exercising the 

 liberties referred to in said article, the right to employ as members 

 of the fishing crews of their vessels persons not inhabitants of the 

 United States. 



SCOPE AND MEANING OF THE QUESTION. 



The position and contentions of the United States in relation to 

 Question Two are stated fully in its Case and Counter Case, and 

 it will here suffice to review them briefly with but little, if any, 

 amplification, except in one particular which does not involve a 

 discussion of the facts and was, therefore, left to be dealt with in 

 the argument. 



Question Two involves only the construction of the language of 

 the treaty, and nothing outside the treaty and the sources of infor- 

 mation proper to aid in its construction is presented to this Tribunal 

 for its consideration by this Question. The attempt, therefore, 

 of the British Case to present an entirely new question, namely, 

 whether the United States may employ subjects of Great Britain as 

 members of the crews of its fishing vessels contrary to the statutory 

 provisions of Newfoundland, is entirely beside and outside the Ques- 

 tion submitted. The Question submitted is the broad one, whether 

 persons not inhabitants of the United States may be employed on 

 American fishing vessels, not whether British subjects may be so 

 employed contrary to the British laws. The Question, as before 

 stated, arises directly on the treaty and is to be answered by the 

 treaty. The extraneous question suggested by Great Britain imports 

 into the case a new and additional element and one foreign to the 

 treaty, namely, the laws and the effect of the laws of Great Britain. 



U. S. Counter Case, 45-53. 



87 



