30 ABGUMENT OF GREAT BRITAIN. 



ships. On the other hand, the statute relating to the United States 

 treaty (59 Geo. Ill, c. 38) is entitled 



"An Act to enable His Majesty to make Regulations with respect 

 to the taking and curing Fish on certain parts of the Coasts of New- 

 foundland, Labrador, and His Majesty's other Possessions in North 

 America according to a Convention made between His Majesty and 

 the United States of America.' 1 '' (British Case, App., p. 656.) 



It expressly authorised His Majesty (British Case, App., p. 565) 



"to make such regulations, and to give such directions, orders and 

 instructions to the Governor of Newfoundland, or to any officer or 

 officers on that station, or to any other person or persons whomsoever, 

 as shall or may be from time to time deemed proper and necessary 

 for the carrying into effect the purposes of the said convention, with 

 relation to the taking, drying and curing of fish by inhabitants of the 

 United States of America, in common with British subjects, within 

 the limits set forth in the said article of the said convention, and 

 hereinbefore recited ; " 



In conclusion, His Majesty's Government desires to point out that 

 the argument raised by the United States on this supposed analogy 

 with the rights granted to France has never before been raised in the 

 discussions between the two nations. It is put forward for the first 

 time in the Counter-Case of the United States Government. If the 

 Tribunal should desire to investigate the history of the long con- 

 troversy between Great Britain and France on this point, His 

 Majesty's Government will ask leave to submit the necessary evidence. 



SUMMARY OF MATERIAL EVENTS AND DISCUSSIONS. 



The construction placed on the treaty by the conduct of the two 

 parties to it supports the view which Great Britain has always main- 

 tained. The particular facts have been set out at pp. 24 to 40 of the 

 British Case, to which the Tribunal is respectfully referred. The 

 principal points that emerge from the statement of facts there pre- 

 sented are as follows: 



1. In 1855 Mr. Marcy, the United States Secretary of State, issued 

 a circular enjoining American fishermen to observe Colonial regula- 

 tions. It was in the following terms (British Case, p. 26) : 



" It is understood that there are certain Acts of the British 

 35 North American Colonial Legislatures, and also, perhaps, 

 Executive Regulations, intended to prevent the wanton de- 

 struction of the fish which frequent the coasts of the Colonies and 

 injuries to the fishing thereon. There is nothing in the Reciprocity 

 Treaty between the United States and Great Britain which stipu- 

 lates for the observance of these regulations by our fishermen; yet, 

 as it is presumed, they have been framed with a view to prevent 

 injuries to the fisheries, in which our fishermen now have an equal 

 interest with those of Great Britain, it is deemed reasonable and 



