QUESTION TWO. 95 



without reference to his engagement as a member of the fishing crew 

 by an American inhabitant. If he be an American inhabitant, he 

 may, in the British view, fish in treaty waters, no matter how he 

 got there, and no matter who is to be the beneficiary of his labors. 

 Under that view it would be possible, indeed, for American fishermen 

 to throw the fisheries open to the entire world and to introduce all 

 the evils and hardships which the British Case apprehends and depre- 

 cates. American fishermen could engage on a French or a German 

 or a Spanish vessel, take fish for it in treaty waters, and, when 

 the vessel had procured a full fare, it could depart for its home port 

 without being liable to detention or interference. Its owners would 

 not have been fishing. Nobody fished but the Americans, who had a 

 right to fish and to dispose of their fish as they pleased. If any such 

 construction as that be given the treaty, there will be no dearth of 

 American fishermen to take the fish from treaty waters and deplete 

 the supply not alone for their own benefit, but as well for the benefit 

 of persons other than the inhabitants of the United States. 



8. The British view on Question Two is not consistent with that 

 taken on Question One. The contentions of the two Governments 

 with respect to the meaning of the words " in common " unite in the 

 view that they secure to American fishermen an equal right with those 

 of Great Britain. The divergence of view is with reference to the 

 right concerning which there is equality the American view being that 

 it is the fundamental, complete, and unlimited right of Great Britain 

 in the fisheries, the British view being that it is such right only as 

 British fishermen are permitted to enjoy under statutory regulations. 

 But either view, upon the record presented to this Tribunal, is suffi- 

 cient to sustain the right of Americans to employ non-inhabitants in 

 the crews of their fishing vessels. Under the American view, Great 

 Britain, having the right to authorize and permit non-inhabitants 

 and foreign subjects to assist her subjects in their fishing operations, 

 the equality of right in the United States implied from the words 

 " in common " would entitle the latter to have and exercise the same 

 right. Under the British view American fishermen are to have the 

 same right in every respect that British subjects are permitted to 

 enjoy. Great Britain would have no right even under that view to 



