QUESTION SEVEN. 127 



attempt to deal with the question which the United States Counter- 

 Case endeavours to substitute for that submitted by the agreement 

 for arbitration. 



BRITISH OBJECTIONS. 



The grant of trading facilities is a concession which could not, 

 in any view, be fairly asked for vessels taking advantage of the privi- 

 leges conferred by the treaty of 1818. Those vessels have been 

 granted exceptional rights in British waters for the purpose of 

 fishing; rights which are never given to traders. They are allowed 

 to hover on the British coasts at their will; they clear for no par- 

 ticular port; they proceed on no definite voyages. Lord Bathurst, 

 in explaining the effect of the treaty to the Governor of New- 

 foundland in 1819, observed that any attempt to carry on trade 

 under the pretence of exe: -ising the rights conferred by the conven- 

 tion would be in every respect at variance with its stipulations. 

 And the observation holds good to-day. The privileges given for 

 the purpose of fishing cannot fairly be claimed for the purposes of 

 trade. (British Case, App., p. 99.) 



It is quite obvious that there are considerations of great gravity 

 which may properly lead Great Britain to refuse to fishing vessels 

 those trading privileges which she voluntarily concedes to other 

 vessels. Infraction of the customs law would, with great difficulty, 

 be prevented if the fishing vessels were allowed to trade. 



But it is unnecessary to discuss this, and other reasons which, in 

 the opinion of His Majesty's Government, would render it unde- 

 sirable that such trading facilities should be conceded to fishing- 

 vessels, inasmuch as the matter is one wholly for Great Britain to 

 determine. 



The fact that a fishing-vessel is licensed to trade by the United 

 States Government can have no bearing on the question submitted 

 by the agreement for arbitration. A licence from the United States 

 Government cannot give a right which the treaty does not 

 146 confer. A claim on the part of that Government to give com- 

 mercial privileges in British waters, to vessels not entitled to 

 those privileges under British law, would be wholly untenable. In 

 the absence of any treaty stipulation, the matter is one for Great 

 Britain alone to determine. 



CONCLUSION. 



His Majesty's Government submits that the whole matter is there- 

 fore concluded, and that there is nothing further to be discussed. 

 But should the Tribunal desire any further information or argument 

 they are respectfully referred to the British Case and Counter-Case. 



