APPENDIX 401 



In any event, Great Britain, as the local sovereign, has 

 the duty of preserving and protecting the fisheries. In 

 so far as it is necessary for that purpose, Great Britain 

 is not only entitled, but obliged, to provide for the protec- 

 tion and preservation of the fisheries; always remembering 

 that the exercise of this right of legislation is limited by 

 the obligation to execute the Treaty in good faith. This 

 has been admitted by counsel and recognized by Great 

 Britain in limiting the right of regulation to that of rea- 

 sonable regulation. The inherent defect of this limitation 

 of reasonableness, without any sanction except in diplo- 

 matic remonstrance, has been supplied by the submission 

 to arbitral award as to existing regulations in accordance 

 with Arts. II and III of the Special Agreement, and as to 

 further regulation by the obligation to submit their rea- 

 sonableness to an arbitral test in accordance with Art. IV 

 of the Agreement. 



It is finally contended by the United States : 

 That the United States did not expressly agree that the 

 liberty granted to them could be subjected to any restric- 

 tion that the grantor might choose to impose on the ground 

 that in her judgment such restriction was reasonable. 

 And that while admitting that all laws of a general char- 

 acter, controlling the conduct of men within the territory 

 of Great Britain, are effective, binding and beyond objec- 

 tion by the United States, and competent to be made upon 

 the sole determination of Great Britain or her colony, with- 

 out accountability to anyone whomsoever; yet there is 

 somewhere a line, beyond which it is not competent for 

 Great Britain to go, or beyond which she cannot right- 

 fully go, because to go beyond it would be an invasion 

 of the right granted to the United States in 1818. That 

 the legal effect of the grant of 1818 was not to leave the 

 determination as to where that line is to be drawn to the 



