58 ARGUMENT OF GREAT BRITAIN. 



that these things are reasonable the Government of the United States 

 will agree to them, but it cannot submit to have them enforced upon 

 it without its consent." 



REASONABLENESS OF CUSTOMS REGULATIONS. 



His Majesty's Government does not understand that the United 

 States intends to dispute the reasonableness of requiring United 

 States fishermen to conform, under proper circumstances, to laws 

 requiring observance of customs regulations and payment of light 

 dues. Its position is that, whether such laws be reasonable or un- 

 reasonable, they are breaches of the treaty, unless assented to by the 

 United States. 



That the United States regarded such laws as being necessary and 

 reasonable is shown by the fact that shortly after their independence 

 they passed legislation on the same lines. Reference may be made 

 to the statutes 1789, 31st July, c. 5 ; 1790, 4th August, c. 35 ; 1793, 

 18th February, c. 8; and 1799, 2nd March, c. 22 (British Case, App.. 

 pp. 777, 779, 782), imposing customs obligations on vessels arriving 

 in the United States; and to the statute in force during the treaty 

 period of 1871-1885, which contained the following provision (Brit- 

 ish Case, App., p. 788) : 



"And be it further enacted, That it shall be the duty of the master 

 of any foreign vessel, laden or in ballast, arriving in the waters of the 

 United States from any foreign territory adjacent to the northern, 

 northeastern, or northwestern frontiers of the United States, to 

 report at the office of any collector or deputy collector of the customs, 

 which shall be nearest to the point at which such vessel may enter 

 said waters; and such vessel shall not proceed further inland, either 

 to unlade or take in cargo, without a special permit from such*col- 

 lector or deputy collector, issued under and in accordance with such 

 general or special regulations as the Secretary of the Treasury may 

 in his discretion, from time to time, prescribe. And for any violation 

 of this section such vessels shall be seized and forfeited." 



CONSTRUCTION OF TREATY. 



67 The United States appear to argue that the treaty gives a 



right to American fishermen to frequent the colonial coasts, 

 bays, harbours, and creeks as they please ; to go on shore, to dry and 

 cure their fish, at such times as they choose ; and that it does not, in 

 terms, affix to those liberties, qualification or condition of any kind. 



But liberty by treaty to enter the territory of a foreign country is 

 always subject to the observance of the laws which may be in force 

 there. A grant of liberty to the subjects of one State, to do certain 

 acts in the territory of another State, does not of itself confer exemp- 

 tion from customs or other laws. On the contrary, aliens are invari- 

 ably made subject to those laws unless there be an express exception 



