ARGUMENT OF MR. ROOT 129 



"Maintaining expressly in principle for the subjects of the country the 

 exclusive right of fishing along the coasts, there shall be reciprocally accorded 

 as an exception thereto and for the duration of this Treaty (regard being had 

 to particular local circumstances, and, on the part of Austria-Hungary, regard 

 being had in addition to the concessions made in return by Italy) to Austro- 

 Hungarian inhabitants and the Italians of the shores of the Adriatic the right 

 to fish along the coasts of the other state, reserving therefrom, however, 

 the coral and sponge fishery as well as the fishery within a marine mUe of 

 the coast, which is reserved exclusively to the inhabitants of the coast. 



"It is understood that the Regulations for maritime fishery in force in the 

 respective states must be strictly observed, and especially those which forbid 

 the fishery carried on in a manner injurious to the propagation of the species." 



There is a real reservation, a reservation made as it would have 

 been made in this treaty of 1818 if the makers of the treaty had 

 intended that there should be a reservation of the right of control 

 over the liberty to fish such as it was universal to express in the 

 treaties of the time granting trading privileges to the citizens of one 

 country in territory of another. 



I now pass to my proposition that the makers of this treaty of 

 1818 understood the treaty in accordance with the American con- 

 tention; that they had no idea whatever that the grant which they 

 were making was subject to any power or authority of Great Britain 

 to restrict, Hmit, modify, or affect it by subsequent legislation. 



And the first circumstance which shows that is the circumstance 

 to which I have just been referring in deaUng with the subject of 

 the analogy of trading treaties; that is, that these gentlemen who 

 made this treaty in 1818 refrained from inserting in it the cus- 

 tomary reservation of the time — the reservation which it was the 

 practically universal rule of the time to put in when to one country 

 was granted a right for its citizens to enter into and obtain benefit 

 within the territory of another country. 



You will have observed that I have quoted these express reserva- 

 tions in three treaties between the United States and Great Britain 

 made prior to 1818 — the treaty of 1794, the Jay Treaty, the treaty 

 of 1806, and the treaty of 1815; that is, all the treaties that had 

 ever been made between Great Britain and the United States 

 granting rights to the citizens of one country to enter into and be 

 relieved from the power of exclusion on the part of the govern- 

 ment of the other country. 



