260 THE AEGUMENT OF THE UNITED STATES. 



THE UNITED STATES MAY AUTHORIZE THE EXERCISE OF WHAT- 

 EVER COMMERCIAL PRIVILEGES ARE ACCORDED. 



Question Seven assumes, as a condition precedent, that the United 

 States has the power to authorize the exercise by its inhabitants 

 of such commercial privileges as now are or may hereafter be ac- 

 corded, and to determine the due and proper method of such author- 

 ization. This is clear from the words, "when duly authorized by 

 the United States in that behalf." 



It is not claimed that the United States by its authorization can 

 vary or exceed the rights accorded, but that, as to such rights, the 

 authority for their exercise rests with the United States. 



This authorization is generally in the form of registration, which 

 gives the right both to trade and to fish. The majority of American 

 vessels resorting to the treaty coast are on register; and this was 

 admitted by Sir Edward Grey in his memorandum of February, 1906, 

 in which he stated : 



It is admitted that the majority of the American vessels lately en- 

 gaged in the fishery on the western coast of the colony were registered 

 vessels, as opposed to licensed fishing vessels, and as such were at 

 liberty both to trade and to fish. 



It is to be noted that Sir Edward Grey did not follow this by a 

 denial that American vessels can have the right both to trade and to 

 fish, but said that because they may trade they ought, to enter at the 

 customs. 



In some instances American vessels carry licenses to fish, and in 

 some of these licenses there is added permission " to touch and trade,' 5 

 but the controversy arose with reference to vessels on United States 

 register. 6 The present Question is substantially the same under the 

 two forms of authorization. 



BIGHTS OF THE UNITED STATES, AND NOT THE RIGHTS OF VES- 

 SELS, ARE TO BE DETERMINED. 



The British Case persistently deals with the Question as if it were 

 a question of the rights of vessels. It states: 



The treaty confers no rights upon American vessels 

 ******* 



And the question is whether the vessels used by such American 

 fishermen are entitled, as of right, to such commercial privileges on 

 the treaty coasts as are from time to time accorded to trading vessels. 

 ******* 



U. S. Case, Appendix, 974. *U. S. Case, Appendix, 964-971. 



