INTRODUCTION cix 



smuggling. The issue is clearly drawn — humanity versus revenue 

 laws. 



The Tribunal very happily and justly decided the question in favor 

 of humanity, without, however, overlooking the important legitimate 

 interest which local authorities would have in receiving knowledge of the 

 presence of American fishermen in the non-treaty waters. The Tribunal 

 expressed the opinion that the permission to enter non-treaty waters 

 for the four specified purposes 



"is an exercise in large measure of those duties of Iiospitality and humanity which all 

 civilized nations impose upon themselves and expect the performance of from others. 

 The enumerated purposes for which entry is permitted all relate to the exigencies in 

 which those who pursue their perilous calling on the sea may be involved. The pro- 

 viso which appears in the first article of the said treaty immediately after the so- 

 called renunciation clause, was doubtless due to a recognition by Great Britain of 

 what was expected from the humanity and civilisation of the then leading commercial 

 nation of the world. To impose restrictions making the exercise of such privileges 

 conditional upon the payment of light, harbor, or other dues, or entering and report- 

 ing at custom-houses, or any similar conditions, would be inconsistent with the grounds 

 upon which such privileges rest and therefore is not permissible." ' 



This provision certainly safeguards the legitimate interest of Ameri- 

 can fishermen in the non-treaty waters and places it upon its proper 

 basis — humanitarianism. The Tribunal was equally successful in 

 protecting the legitimate interests of Great Britain, for it stated that, 

 in order to prevent the abuse of hospitaUty and humanity, "American 

 fishermen entering such bays for any of the four purposes aforesaid and 

 remaining more than forty-eight hours therein should be required, if 

 thought necessary by Great Britain or the Colonial Government, to 

 report, either in person or by telegraph, at a custom-house or to a customs 

 ofiScial, if reasonably convenient opportimity therefor is afforded."" 



While, therefore, American fishermen are free to enter the non-treaty 

 waters for the four specified purposes, they are not permitted to make 

 these waters the basis of their operations, and if they remain longer than 

 forty-eight hours it is incumbent upon them to inform the local authori- 

 ties of their presence, always supposing that it may be done without 

 unreasonable inconvenience. 



Question V 



The Convention of 1818 was an attempt to adjust differences which 



had arisen between Great Britain and the United States "respecting 



the liberty claimed by the United States for the inhabitants thereof 



[under Article III of the Treaty of 1783], to take, dry, and cure fish on 



' Appendix, p. 507; Oral Argument, p. 1450. 

 ^Appendix, p. $08; Oral Argument, p. 1451- 



