106 THE ARGUMENT OF THE UNITED STATES. 



before 1877, nor on the coast of Labrador before 1864. The customs- 

 service on the last named coast consists to this day of an officer on 

 board a vessel, a custom-house at Blanc Sablon established in 1864, 

 and a custon-house at Rigoulette established in 1902. 



The coast of Labrador is a bold, rocky, forbidding shore, and is 

 even today incapable of supporting more than a very limited popula- 

 tion. 



This Tribunal, putting itself in the place of the two Governments 

 and their representatives when negotiating the treaty of 1818, can 

 realize, in the light of the foregoing facts, how unnecessary it was 

 to require American fishing vessels visiting the treaty coasts, to con- 

 form to customs regulations or to pay light or harbor dues; and the 

 Tribunal will then be in a position to determine whether or not the 

 treaty, which is silent on the subject, contemplated the observance by 

 American fishing vessels of any such requirements or exactions. It 

 is a familiar rule of construction that that which was within the 

 contemplation of the parties is as much a part of the contract or 

 treaty as if therein written, and that that which was not within the 

 contemplation of the parties, and was not written into the contract 

 or treaty, is and can be no part of it. The United States submits, 

 considering the nature of the fishing pursuit, the little value of the 

 vessels engaged in it, the indulgence uniformly extended toward 

 such vessels, the uninhabited condition of the coasts to which the 

 American right of fishing was confined, and the undoubted policy of 

 Great Britain to keep the coasts in that condition, a policy, which 

 was still vigorously pursued in 1818, that it was not within the con- 

 templation of the treaty that the American fishing vessels should be 

 subjected to exactions or requirements of any kind while on the 

 treaty coasts, so long as they confined themselves to the exercise of 

 their treaty rights within the treaty waters. Great Britain neither 

 expected nor desired conditions to arise on those coasts which would 

 make such exactions and requirements either necessary or desirable, 

 and certainly no such conditions actually existed when the treaty 

 of 1818 was entered into. 



That no such requirements or exactions were contemplated, in the 

 negotiations leading up to the treaty of 1818, is evident from the 



U. S. Counter Case, Appendix, 637. 



