INTRODUCTION Ixxiii 



Convention of 1818; namely, that "the inhabitants of the United States 

 shall have, in common with the subjects of His Britannic Majesty, the 

 liberty" for the term of ten years "to take fish of every kind, except 

 shell-fish." Article XXXII, substantially a reproduction of Article VI 

 of the Reciprocity Treaty of 1854, extended the treaty to Newfoundland. 

 As, however, the terms of this article are important and gave rise to an 

 interpretation on the part of the United States of the right of local 

 regulation it is quoted in full: 



"Article XXXII. It is further agreed that the provisions and stipulations of 

 Articles XVIII to XXV of this Treaty, inclusive, shall extend to the Colony of New- 

 foundland, so far as they are applicable. But it the Imperial Parliament, the Legis- 

 lature of Newfoundland, or the Congress of the United States, shall not embrace the 

 Colony of Newfoundland in their laws enacted for carrying the foregoing Articles into 

 effect, then this Article shall be of no effect; but the omission to make provision by 

 law to give it effect, by either of the legislative bodies aforesaid, shall not in any way 

 impair any other Article of this Treaty." "• 



The United States was willing to include Newfoundland in the terms 

 of the treaty, and Newfoundland was willing to become a party to its 

 terms. The Newfoundland Legislature, however, in acceding to the 

 treaty, enacted that "all Laws of this Colony which operate to prevent 

 the said Articles from taking full effect, shall, so far as they so operate, be 

 suspended and have no effect during the period mentioned in the Article 

 numbered Thirty-three in the Schedule to this Act: Provided that such 

 laws, rules and regulations relating to the time and manner of prose- 

 cuting the Fisheries on the coasts of this Island, shall not be in any way 

 afiected by such suspension." ^ 



On Lord Salisbury's theory that existing legislation would bind the 

 parties to the treaty, unless specifically excluded, all existing rules and 

 regulations relating to the time and manner of prosecuting the fisheries 

 in Newfoundland waters would bind American fishermen in such 

 waters. Tt was explained by the British Government that there were 

 but two Newfoundland laws regulating "the time and manner of prose- 

 cuting the fisheries"; namely, the statutes of i860 and 1862 regulating 

 "the contrivances for taking herring and salmon and the method and 

 time for using these contrivances." ' 



The United States, however, was unwilling to extend to Newfound- 

 land the provisions of the Treaty of Washington, subject to existing 

 rules and regulations affecting the time and manner of prosecuting the 



' "This article terminated July i, 1885, on notice by United States." (Malloy's Treaties 

 and Conventions, Vol. I, p. 713.) 



' Appendix, British Case, p. 706. Appendix, U. S. Counter Case, p. 86. 

 ' Appendix, U. S. Counter Case, p. 197. 



