28 ARGUMENT OF GREAT BRITAIN. 



Another difference between the two cases arises from the fact that 

 the French claimed that the rights on the French coast were the 

 survival of a portion of the sovereignty which France had previously 

 exercised in Newfoundland. This claim was always contested by 

 Great Britain. No such claim to sovereignty has ever been put for- 

 ward by the United States in respect of the fisheries now in question. 



It is submitted, that this again renders it quite impossible to 

 argue from the fact that the British Government did not frame regu- 

 lations affecting French fishermen, that there is no right to make regu- 

 lations which would affect American fishermen equally with British 

 subjects. There was a great deal of friction between Great 

 32 Britain and France with regard to the French treaty rights, 

 and the fact that no regulations were made which might have 

 increased that friction cannot, it is submitted, lend any colour to the 

 contention of the United States that their fishermen are to be exempt 

 from regulation in the enjoyment of rights under a treaty which is 

 couched in different terms, and was entered into under totally dif- 

 ferent circumstances. French subjects had exercised these rights of 

 fishing before the treaty of Utrecht, and never owed any allegiance 

 to Great Britain. Any enjoyment by the fishermen of the Colonies of 

 these fisheries before 1783 had been merely because they were at the 

 time subjects of the British crown. 



The dispute with France has now happily been ended by the treaty 

 of 1904, by which France abandoned her claim to any exclusive right, 

 but retained a right to fish on a footing of equality with British sub- 

 jects on the coast between Cape St. John and Cape Ray. By virtue 

 of this treaty the French position became for the first time analagous 

 to that of the United States under the treaty of 1818, and by article 

 2 France agreed that 



"On the above-mentioned portion of the coast, British subjects 

 and French citizens shall be subject alike to the laws and Regulations 

 now in force, or which may hereafter be passed for the establish- 

 ment of a close time in regard to any particular kind of fish, or for 

 the improvement of the fisheries. Notice of any fresh laws or Regu- 

 lations shall be given to the Government of the French Republic 

 three months before they come into operation." (United States, 

 Case, App., p. 85.) 



British laws therefore now regulate the fishing by French fisher- 

 men. 



The United States Counter-Case does not call attention to this 

 clause, but it cites the one which follows : 



" The policing of the fishing on the above-mentioned portion of 

 the coast, and for prevention 01 illicit liquor traffic and smuggling of 

 spirits, shall form the subject of Regulations drawn up in agreement 

 by the two Governments." 



