AWARD OF THE TRIBUNAL 505 



°f Commissioner for the United States of America, and of Com- 

 missioner for (tjewCoundknd) ' '^^^'^^ ^^^^ '^^^^ ^^ ^°<i render a decision 



within one month as to whether the provision so notified is reasonable and con- 

 sistent with the Treaty of 1818, as interpreted by the award of the Hague Tribunal 

 of September 7th, 1910, and if not, in what respect it is unreasonable and incon- 

 sistent therewith. 



"Faihng an agreement on this question within one month the Commission shall so 

 notify the Government of Great Britain in order that the further action required 

 by that award may be taken for the decision of the above question. 



"The provision is as follows: 



7. The unanimous decision of the two national Commissioners, or the majority 

 decision of the Umpire and one Commissioner, shall be final and binding. 



Question II 



Have the inhabitants of the United States, while exercising the liberties referred 

 to in said Article, a right to employ as members of the fishing crews of their vessels 

 persons not inhabitants of the United States ? 



In regard to this question the United States claim in substance: 



1. That the liberty assured to their inhabitants by the Treaty plainly includes the 

 right to use all the means customary or appropriate for fishing upon the sea, not only 

 ships and nets and boats, but crews to handle the ships and the nets and the boats; 



2. That no right to control or limit the means which these inhabitants shall use in 

 fishing can be admitted unless it is provided in the terms of the Treaty and no right 

 to question the nationality or inhabitancy of the crews employed is contained in the 

 terms of the Treaty. 



And Great Britain claims: 



1. That the Treaty confers the liberty to inhabitants of the United States exclu- 

 sively; 



2. That the Governments of Great Britain, Canada or Newfoundland may, without 

 infraction of the Treaty, prohibit persons from engaging as fishermen in American 

 vessek. 



Now considering (i) that the hberty to take fish is an economic right attributed by 

 the Treaty; (2) that it is attributed to inhabitants of the United States, without any 

 mention of their nationality; (3) that the exercise of an economic right includes the 

 right to employ servants; (4) that the right of employing servants has not been Umited 

 by the Treaty to the employment of persons of a distinct nationality or inhabitancy; 

 (s) that the liberty to take fish as an economic liberty refers not only to the individuals 

 doing the manual act of fishing, but also to those for whose profit the fish are taken. 



But considering, that the Treaty does not intend to grant to individual persons or 

 to a class of persons the liberty to take fish in certain waters "in common," that is 

 to say in company, with individual British subjects, in the sense that no law could 

 forbid British subjects to take service on American fishing ships; (2) that the Treaty 

 intends to secure to the United States a share of the fisheries designated therein, not 

 only in the interest of a certain class of individuals, but also in the interest of both 

 the United States and Great Britain, as appears from the evidence and notably from 

 the correspondence between Mr. Adams and Lord Bathurst in 1815; (3) that the 

 inhabitants of the United States do not derive the liberty to take fish directly from the 

 Treaty, but from the United States Government as party to the Treaty with Great 

 Britain and moreover exercising the right to regulate the conditions under which its 

 inhabitants may enjoy the granted liberty; (4) that it is in the interest of the inhab- 

 itants of the United States that the fishing liberty granted to them be restricted to 



