68 ARGUMENT OF GREAT BRITAIN. 



sary implication, excludes it; and it is submitted that no such in- 

 ference can be drawn from the terms of the treaty. 



The right of British legislatures to require entry or report at 

 customs was not derived from ftie treaty of 1818. It was founded 

 upon British sovereignty; and, as has been shown in the discussion 

 of Question No. 1, that sovereignty still remains, save so far as 

 affected by treaty. In giving, to United States fishermen, liberty to 

 enter bays and harbours for four purposes upon the non-treaty shore, 

 there was no necessity for any express reservation of British sover- 

 eignty in respect of the fishermen who were to exercise the priv- 

 ilege. There was no such reservation in that part of the treaty re- 

 specting the treaty shore, and yet, as has been abundantly shown, 

 United States fishermen must obey reasonable laws there, including 

 customs-laws. For like reason, they must do the same on the non- 

 treaty shore. And the fact that the treaty expressly states some re- 

 strictions under which they shall operate, is not a limitation of 

 British sovereignty. It is a limitation of the liberty. 



His Marjesty's Government submits that the restrictions referred 

 to in the treaty, by no means exhaust the regulations or restrictions 

 which British legislatures may place upon the conduct of aliens com- 

 ing within British jurisdiction for the four purposes specified in 

 the treaty. 



It is not contended on behalf of His Majesty's Government that 

 entry or report would be a condition precedent to the right to go 

 within the bay or harbour for the purposes specified, if making such 

 entry or report would unreasonably interfere with the privileges 

 accorded by the treaty. For instance, if the nearest custom-house 

 where entry could be made was very distant, His Majesty's Govern- 

 ment does not contend that the American fishing- vessels ought 

 79 to be taken to that custom-house, for the purpose of making en- 

 try, before taking shelter in the bay. But if such entry can be 

 made without interfering with the privileges conferred by the treaty, 

 as is usually the case, it is submitted that the fishermen are bound to 

 make such entry. 



The considerations which have been advanced in support of the 

 contention made by Great Britain under the third question apply to 

 a large extent to the present discussion, and are adopted for the 

 purposes of this question. 



It is there pointed out that, under the legislation in force in the 

 colonies when the treaty of 1818 was entered into, vessels entering 

 ports and harbours on the non-treaty coasts were required to enter 

 or report at customs. 



This practice has been continued since the treaty, without any 

 objection on the part of the United States, except that made in 188G 



