QUESTION TWO. 49 



ermen shall not go beyond this line. His Majesty is firmly persuaded 

 that the King of Great Britain will give like orders to the English 

 fishermen." 



The object and the effect of these treaties are very clear: but the 

 object will not have been obtained, and the effect will be completely 

 changed, if it be held that French fishermen may evade their treaty- 

 exclusion by hiring American vessels or by taking service under 

 inhabitants of the United States. 



Again, take the case of Spanish fishermen. By the treaty of 1763 

 the King of Spain agreed to desist (British Case, App., p. 10) 



" from all pretension which he may have formed in favour of the 

 Guipuscoans. and other his subjects, to the right of fishing in the 

 neighbourhood of the island of Newfoundland." 



It is obvious that if the inhabitants of the United States are to be 

 at liberty to engage foreign fishermen the way would be open to 

 wholesale evasion of these and all other treaties excluding foreign 

 fishermen. 



It may be added that the statute of 10 & 11 Wm. Ill, c. 25, An Act 

 to encourage the trade to Newfoundland, provided (British Case, 

 App., p. 525) 



" that no alien or stranger whatsoever (not residing within the king- 

 dom of England, dominion of Wales, or town of Berwick upon 

 Tweed) shall at any time hereafter take any bait, or use any sort of 

 trade or fishing whatsoever in Newfoundland or in any of the said 

 islands or places abovementioned." 



The treaties with the United States provided for admission of aliens 

 inhabiting the United States to certain of the fisheries. But if the 

 contention of the United States be correct, the clause could not after- 

 wards have been enforced against any alien in the world whom an 

 inhabitant of the United States might introduce into the fisheries. 



SEASONS FOR CONCESSION GRANTED IN 1818. 



The course of the negotiations of 1818 shows that the United 

 States attached importance to the fisheries because they formed the 

 industry of the fishing communities of the Eastern States. It was 

 in the interests of the fishermen living in the United States, that 



appeals were made to Great Britain. 



57 Allusion is made to this point in the United States Counter- 



Case in the following terms (United States Counter-Case, 

 p. 48) :- 



" The British Case suggests as one of the principal grounds for con- 

 struing the treaty in accordance with the British contention that 

 such construction would give effect to the intentions of the negotia- 

 tors. In support of this view, it is stated that an argument was made 



