1 INTRODUCTION 



stated these questions, seven in number, involve the following 

 points: 



First. Can Great Britain reasonably regulate 



(a) Without the consent of the United States the hours, days, or 

 seasons when fish may be taken on the treaty coasts; 



(i) The method, means, and implements to be used in taking fish 

 or in carrying on fishing operations upon such coast; and 



(c) Any other matters of similar character relating to fishing? 



Second. Can the inhabitants of the United States in the prose- 

 cution of the fisheries rightly employ "as members of the fishing crews 

 of their vessels persons not inhabitants of the United States " ? 



Third. Can the exercise of the fishing liberties referred to in the 

 Convention of 1818 "be subjected, without the consent of the United 

 States, to the requirements of entry, or report at custom-houses or the 

 payment of light or harbor or other dues, or any other similar require- 

 ment or condition or exaction " ? 



Fourth. Can the right of American fishermen to enter certain 

 bays or harbors "for shelter, repairs, wood, or water, and for no other 

 purposes whatever," be made "conditional upon the payment of light 

 or harbor or other dues, entering or reporting at custom-houses or any 

 similar conditions"? 



Fifth. " From where must be measured the ' three marine miles of 

 any of the coasts, bays, creeks, or harbors' referred to" in the Conven- 

 tion of 1818? 



Sixth. Have the inhabitants of the United States, under the Con- 

 vention of 1818 or otherwise, the liberty "to take fish in the bays, har- 

 bors, and creeks on that part of the southern coast of Newfoundland 

 which extends from Cape Ray to Rameau Islands, or on the western 

 and northern coasts of Newfoundland from Cape Ray to Quirpon Islands, 

 or on the Magdalen Islands " ? 



Seventh. "Are the inhabitants of the United States whose vessels 

 resort to the treaty coasts for the purpose of exercising the liberties 

 referred to in Article I of the Treaty of 1818 entitled to have for those 

 vessels, when duly authorized by the United States in that behalf, the 

 commercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally?" 



From this brief statement of the questions submitted to arbitration it 

 will be seen that the fundamental rights of American fishermen in British 

 waters, as recognized by the Convention ofi8i8,were necessarily involved. 

 The right to dry and cure fish upon the land was eliminated, as were, 

 as before stated, by special agreement of the parties, questions con- 



