INTRODUCTION cxlix 



Banks in order to continue its fishing operations. If, however, a fishing 

 vessel is not entitled to commercial privileges, this would be unlawful. 

 It would, therefore, appear to be of advantage to the United States that 

 fishing vessels, by virtue of the reciprocal agreement of 1830, be invested 

 with commercial privileges. On the other hand, it would be of advan- 

 tage to the local authorities to know in what capacity the vessel really 

 presents itself, whether as a fishing or a commercial vessel. If the con- 

 tention of the United States were correct that the fishing vessel in the 

 exercise of the treaty rights is not subject to local regulation, neverthe- 

 less the vessel entering as a trader by virtue of the reciprocal agreement 

 might well be subject to local statutes, and it might embarrass the 

 authorities of Newfoundland if the fishing and commercial character 

 were present simultaneously in one and the same ship. The Tribunal 

 evidently noted the conflict of interests and in its decision endeavored 

 to preserve the rights of American fishermen accruing under the treaty 

 and the reciprocal agreement of 1830, without losing sight of the interest 

 of the local authorities so that the two-fold character of the American 

 vessel should not produce hardship or confusion. 



The Tribunal held that "the inhabitants of the United States are 

 so entitled in so far as concerns this treaty, there being nothing in its 

 provisions to disentitle them, provided the treaty liberty of fishing and 

 the commercial privileges are not exercised concurrently." ^ 



It will be noted that by this decision a vessel cannot at one and at 

 the same time exercise the hberty of fishing and the commercial privi- 

 leges. In the reasons prefixed to the award the Tribunal says that 

 Americans "cannot at the same time and during the same voyage exer- 

 cise their treaty rights and enjoy their commercial privileges, because 

 treaty rights and commercial privileges are submitted to different 

 regulations and restraints." ^ 



It would seem that the award is satisfactory and based upon sound 

 reasons. During the fishing venture the vessel is to be a fishing vessel, 

 that is to say, if it leave Gloucester for the purpose of fishing it cannot 

 convert itself during the same voyage into a trading vessel so as to trade 

 and enjoy commercial privileges. But if it leaves Gloucester as a com- 

 mercial vessel, bound for a Newfoundland treaty port, and deposit its 

 cargo, the commercial voyage is finished. It may then engage in fishing, 

 because it would not, during one and the same voyage, exercise different 

 and inconsistent rights and privileges. 



1 Appendix, p. S14; Oral Argument, p. 1457. 

 ' Appendix, p. $14; Oral Argument, p. 1457. 



