QUESTION SEVEN. 263 



with its cargo of fish to British colonial ports, and dispose of such 

 cargo. As previously stated, the United States does not understand 

 that the act, proclamation, and order in council are submitted to the 

 Tribunal for construction, but it is deemed proper to point out the 

 erroneous assumption in the British Case that they applied only 

 to trading vessels. 



QUESTION BELATES ENTIRELY TO TREATY COASTS. 



The British Case correctly states that this Question "relates only 

 to the treaty coasts/' but, in the presentation and historical discussion 

 of the Question, it deals almost entirely with the non-treaty coasts. 6 

 As stated in the Counter Case of the United States : 



If the discussion of this Question is to be confined within its proper 

 limits, it is desirable that its application to the treaty coasts, in dis- 

 tinction from the con-treaty coasts should be borne in mind." 



These considerations relieve the United States of the necessity of 

 considering a large amount of matter introduced in the British Case 

 and Counter Case, which is irrelevant, or, if relevant at all, only so 

 by way of illustration. 



BRITISH POSITION CHANGED IN COUNTER CASE. 



To add to the confusion resulting from attributing to the United 

 States positions which it never has taken, and from basing arguments 

 upon such assumed positions, the British Counter Case apparently 

 seeks to withdraw from the consideration of the Tribunal one of the 

 issues presented by the British Case, which is the only one the United 

 States deems to be of any importance. The British Counter Case 

 reverts to the first part of the British contention and omits the second 

 part entirely. It assumes that the United States will attempt to prove 

 that Article I of the treaty of 1818 gives commercial privileges on 

 the treaty coasts and that it must do so in order to secure an affirma- 

 tive answer to the Question. It omits from discussion the contention 

 of the British Case d that "A liberty to exercise commercial privileges 



U. S. Case, Appendix, 1123-1126. U. S. Counter Case, 106. 



> British Case, 127. 'British Case, 146. 



