INTRODUCTION ci 



from arrest or confiscation, but the alien has no such protection. If 

 Great Britain or Newfoundland should be minded to pass a local ordi- 

 nance forbidding him from fishing on foreign vessels within British 

 waters his violation of the local statute might apparently be punished, 

 because he derives no benefit or immunity from the treaty, and in the 

 same way a British subject fishing upon an American vessel, in violation 

 of a statute forbidding British subjects so to fish, might apparently be 

 punished because "the treaty does not afiect the sovereign right of 

 Great Britain as to aliens, non-inhabitants of the United States, nor of 

 the right of Great Britain to regulate the engagement of British subjects, 

 while these aliens or British subjects are on British territory." 



The Tribunal may perhaps have been influenced by Sir William 

 Robson's illustration of undesirable aliens "^ and sought to preserve the 

 sovereign right of Great Britain to prevent xmdesirable aliens from fish- 

 ing within its waters. But however that may be, the passing of an act 

 which would prevent an ordinary alien from fishing upon an American 

 fishing vessel within British waters would undoubtedly be regarded by 

 the United States as in conflict with the right of American inhabitants 

 to employ non-inhabitants within British waters, and it seems necessary, 

 in the interest of good faith and fair dealing, to consider that the Tribunal 

 had in mind exceptional conditions of a sanitary or a protective nature; 

 otherwise the Tribunal would have taken away with one hand that 

 which it gave with the other, and would have stultified itself in holding 

 that American inhabitants possessed a right which practically they could 

 not exercise. 



It would seem that the award of the Tribunal on Question II is both 

 in form and in substance favorable to the contention of the United 

 States, unless the reserved right of British sovereignty may be exercised 

 in such a way as to penalize aliens engaged on American fishing vessels. 

 The aUen fishing upon an American fishing vessel should be protected, 

 otherwise he will not fish. If, however. Great Britain retains the right 

 to penaUze the ahen for violation of local ordinances in such a case, the 

 form is favorable to the United States, but the substance is favorable 

 to Great Britain. 



Question III 



It will be recalled that the first question submitted to arbitration 

 concerned the reasonable regulation of the fishery in the matter of time 

 and manner by "municipal laws, ordinances, or rules" without the 



' For example, Malays, used by Sir William, because Malays are "not likely to trouble us 

 if they are afterwards offended." (Oral Argument, Vol. II, p. 1065.) 



