APPENDIX 413 



restricted to exercise by them and removed from the en- 

 joyment of other 1 aliens not entitled by this Treaty to par- 

 ticipate in the fisheries; (5) that such restrictions have 

 been throughout enacted in the British Statute of June 

 15, 1819, and that of June 3, 1824, to this effect, that no 

 alien or stranger whatsoever shall fish in the waters des- 

 ignated therein, except in so far as by treaty thereto en- 

 titled, and that this exception will, in virtue of the Treaty 

 of 1818, as hereinabove interpreted by this award, exempt 

 from these statutes American fishermen fishing by the 

 agency of non-inhabitant aliens employed in their service; 

 (6) that the Treaty does not affect the sovereign right of 

 Great Britain as to aliens, non-inhabitants of the United 

 States, nor the right of Great Britain to regulate the en- 

 gagement of British subjects, while these aliens or British 

 subjects are on British territory. 



Now therefore, in view of the preceding considerations 

 this Tribunal is of opinion that the inhabitants of the 

 United States while exercising the liberties referred to in 

 the said article have a right to employ, as members of the 

 fishing crews of their vessels, persons not inhabitants of 

 the United States. 



But in view of the preceding considerations the Tribunal, 

 to prevent any misunderstanding as to the effect of its 

 award, expresses the opinion that non-inhabitants employed 

 as members of the fishing crews of the United States ves- 

 sels derive no benefit or immunity from the Treaty and 

 it is so decided and awarded. 



QUESTION III. 



Can the exercise by the inhabitants of the United States 

 of the liberties referred to in the said Article be subjected, 

 without the consent of the United States, to the require- 



