38 COMMISSION OF CONSERVATION 



But, eousideriiig that the Treaty does not intend to grant to in- 

 dividual persons or to a class of persons the liberty to take fish in certain 

 waters "in common," that is to say, in company, with individual British 

 subjects, in the sense that no law could forbid British subjects to take 

 service on American fishing ships; (2) that the Treaty intends to secure 

 to the United States a share of the fisheries designated therein, not only 

 in the interest of a certain class of individuals, but also in the interest 

 of both the United States and Great Britain, as appears from the evid- 

 ence and notably from the correspondence between Mr. Adams and Lord 

 Bathurst in 1815; (3) that the inhabitants of the United States do not 

 derive the liberty to take fish directly from the Treaty, but from the 

 United States Government as part.\' to the Treaty with Great Britain 

 and moreover exercising the right to regulate the conditions under which 

 its inhabitants may enjoy the granted liberty; (4) that it is in the in- 

 terest of the inhabitants of the United States that the fishing liberty 

 granted to them be restricted to exercise by them and removed from the 

 enjoyment of other aliens not entitled by this Treaty to participate 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 de- 

 signated therein, except in so far as by treaty thereto entitled, and that 

 this exception will, in virtue of the Treaty of 1818, as hereinabove inter- 

 preted by this award, exempt from these statutes American fisliennen 

 fishing by the agency of non-inhabitant aliens employed in their service ; 

 (6) *hat 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 engagement of British subjects, while these aliens 

 or British sulijects are on British territory. 



Now therefore, in view of the preceding considerations this Tri- 

 bunal 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 pre- 

 vent any misunderstanding as to the effect of its award, expresses the 

 opinion that non-inhabitants employed as members of the fishing crews 

 of United States vessels 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 requirements of entry or report at custom 



