128 FISHERIES ARBITRATION AT THE HAGUE 



a canal except under the rules of the canal, any more than one can 

 travel on a railroad except under the rules of the railroad. But the 

 canals which we have reference to here in this treaty of 187 1 are 

 subject to an express reservation. 



Article 27 of the treaty of 1871 is the only one to which we have 

 been referred, and the only one that we know of, about the inter- 

 national use of the canals by the United States — the only one 

 which we have in this record at aU events: 



"The government of Her Britannic Majesty engages to urge upon the 

 government of the Dominion of Canada to secure to the citizens of the United 

 States the use of the Welland, St. Lawrence, and other canals in the Dominion 

 on terms of equality with the inhabitants of the Dominion." 



And the reciprocal undertaking of the United States for the 

 enjoyment of the use of the St. Clair Flats Canal is to be on terms 

 of equality with the inhabitants of the United States. 



And the provision regarding the several state canals is that the 

 use is to be on terms of equahty with the inhabitants, and so on. 



Now observe that postulates the making of terms, which of 

 course must be made with regard to the navigation of a canal; 

 those terms are to be made , and the standard is that the terms are 

 to be on equality with the citizens of the United States or of the 

 Dominion. 



An entirely different provision, you will perceive, in this 

 treaty, which is not that the inhabitants of the United States 

 shall use this territory for fishing purposes on terms of equality 

 with the subjects of Great Britain, but that they shall have the 

 "Uberty" in common. It is a common right which they are to 

 exercise, with no provision or stipulation whatever regarding the 

 terms on which it is to be exercised, and no reservation which 

 directly or indirectly in any way whatever points towards the 

 imposing of any regulations or terms whatever on the exercise of 

 the right. 



There is a treaty, to which I referred yesterday — a fishing 

 treaty — which illustrates the way in which such a reserved right 

 of modification may properly be secured — the treaty between 

 Austria-Hungary and Italy of October, 1878. 



That treaty provides as follows: 



