36 ARGUMENT OF GEE AT BRITAIN. 



After some discussion the position of the United States was for- 

 mulated by Mr. Koot in his letter of the 30th June, 1906, in the fol- 

 lowing terms: 



" ' The Government of the United States fails to find in the Treaty 



any grant of right to the makers of Colonial law to interfere at all, 



whether reasonably or unreasonably, with the exercise of the 



4.1 American rights of fishery, or any right to determine what 



would be a reasonable interference with the exercise of that 



American right if there could be any interference.'" (British Case, 



App., p. 499.) 



And referring to some specific local laws, he added (British Case, 

 App., p. 501.) 



" ' If it be shown that these things are reasonable the Government 

 of the United States will agree to them, but it cannot submit to have 

 them imposed upon it without its consent.' " 



Sir Edward Grey, in his reply of the 2nd February, 1906 (British 

 Case, App., p. 495), stated that His Majesty's Government held the 

 view that 



"the only ground on which the application of any provisions of the 

 colonial law to American vessels engaged in the fishery can be ob- 

 jected to, is that it unreasonably interferes with the exercise of the 

 American right of fishery." 



Tt is submitted that this evidence establishes 



1. That Great Britain has throughout maintained the construc- 

 tion for which she now contends, and that she put it forward officially 

 in 1855 on the first occasion when any question arose. 



2. That no objection was ever taken by the United States to the 

 validity of British regulations until 1878, in the Fortune Bay Case. 



REGULATIONS ON TREATY COASTS. 



The following is a list of the fishing regulations in force from 

 time to time on the coasts of the British American Colonies while 

 the 1783 treaty was in force, and in Newfoundland since the date of 

 the treaty of 1818: 



1611. Regulations for the Newfoundland coast-fisheries were is- 

 sued by John Guy, Governor. (British Case, App., p. 689.) 



1653. Regulations to somewhat similar effect were contained in 

 the instructions to John Treworgie, Commissioner for Newfound- 

 land. (British Case, App., pp. 511-22.) 



1660. Somewhat similar regulations were contained in the Star 

 Chamber Rules of Charles I. (British Case, App., p. 512.) 



1665. Regulations were issued by Thomas Temple, the Governor 

 of Nova Scotia. (British Case, App., p. 586.) They applied to 

 u Nova Scotia and L'Acady, and the harbours and seas thereunto be- 

 longing," and provided inter alia that none should fish or work about 



