258 THE ARGUMENT OP THE UNITED STATES. 



proclamation of October 5, 1830. By subsequent independent and 

 concurrent action of the two Governments, these commercial privi- 

 leges received a large extension in the course of years " in the interest 

 of propinquity." b The importance attached to them by the United 

 States and its belief that its fishing vessels were entitled to exercise 

 them is shown by the message of President Grant of December 5, 

 1870," and by the Act of Congress of March 3, 1887.* 



In the view of the United States it is unnecessary to consider the 

 development of the trade relations between the two peoples ; no bur- 

 den is placed upon the Tribunal of examining the scope, character, 

 or permanency of these reciprocal privileges, because the Question 

 under consideration assumes as the basis on which it rests that com- 

 mercial privileges have been accorded and do exist; and the inquiry 

 presented to the Tribunal concerns only their exercise by certain 

 of the inhabitants of the United States. The words of the Question 

 are: 



Are the inhabitants of the United States whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred 

 to in Article I of the treaty of 1818 entitled to have for those ves- 

 sels * * the commercial privileges on the treaty coasts ac- 

 corded by agreement or otherwise to United States trading vessels 

 generally ? 



It is manifest that the Tribunal is not called upon to determine 

 by what agreement the privileges are accorded, and the intentional 

 generality of the word "otherwise" shows that no such determina- 

 tion is called for or permissible. Whatever the privileges are, and 

 however they were accorded, and whatever others may hereafter be 

 accorded, it is of importance to ascertain whether during their con- 

 tinuance any of the inhabitants of the United States, duly author- 

 ized by their own Government to take advantage of them, can be 

 deprived of them by reason of anything contained in, or fairly to 

 be implied from the treaty of 1818. To this extent the British con- 

 tention, that " it is the construction of that treaty alone which is 

 submitted to the judgment of this Tribunal," is correct. 6 



The situation is this: A liberty has been granted by treaty entitling 

 the inhabitants of a nation to enter the jurisdiction of the nation 

 granting the liberty for the purpose of prosecuting there a gainful 

 vocation. In addition to this liberty, certain privileges have been 



British Case, Appendix, 786. *U. S. Case, Appendix, 96 



*TJ. S. Case, Appendix, 764. 'British Counter Case, 61. 



U. S. Case, 156-158. 



