QUESTION FIVE. 217 



The Act. 39 Geo. Ill, c. 5, was enacted in 1799 by the legislature of 

 the same province. The fishermen of the United States enjoyed, 

 under the terms of the treaty of 1783, with British fishermen the com- 

 mon right of fishing in the waters of Miramichi Bay. 



The act does not apply by its terms to foreigners, and, therefore, 

 falls under the rule of interpretation cited in connection with the 

 statute of 1807. 



Even though it be admitted that the acts cited may be construed 

 as assertions of jurisdiction, such unilateral actions of a nation in no 

 way bind any other nation and establish no exclusive jurisdiction as 

 against the nationals of other powers. The principle is well estab- 

 lished in international law that unilateral assertions of jurisdiction 

 (if such these statutes are claimed to be) even when they do not evoke 

 any counter claim from other nations, can not be successfully asserted 

 against nations which have not acquiesced by acts of unmistakable 

 import. There was no acquiescence by the United States. Its 

 fishermen during the entire period covered by these acts, passed prior 

 to 1818, enjoyed the right in common with the fishermen of Great 

 Britain in the waters referred to in these acts. 



TREATIES. 



The British Case refers to the treaty between the United States 

 and Great Britain in 1846. 6 



This was primarily a treaty to remove " the state of doubt and 

 uncertainty which has hitherto prevailed respecting the Sovereignty 

 and Government of the Territory on the Northwest Coast of America 

 lying westward of the Eocky or Stony Mountains." The line agreed 

 upon was laid down along a channel dividing between the two 

 countries the numerous islands adjacent to the coasts. The treaty 

 specifically " provided, however, that the navigation of the whole 

 of the said channel and straits south of the forty-ninth parallel of 

 north latitude remains free and open to both Parties." d 



An extract from the treaty of 1848 between the United States and 

 Mexico is relied upon by Great Britain.' 



This was also a stipulation in a boundary treaty and the position 

 of the United States regarding the effect of such stipulations is 



British Case, 110. * British Case, Appendix, 33. 



& British Cnse, Appendix, 32. British Case, Appendix, 34. 



British Case, Appendix, 32-33. 



