5o6 APPENDIX 



exercise by them and removed from the enjoyment of other aliens not entitled by this 

 Treaty to participate in the fisheries; (s) that such restrictions have been throughout 

 enacted in the British Statute of June 15, 1819, and that of June 3, 1824, to this effect, 

 that no alien or stranger whatsoever shall fish in the waters designated therein, except 

 in so far as by treaty thereto entitled, and that this exception will, in virtue of the 

 Treaty of 1818, as hereinabove interpreted by this award, exempt from these statutes 

 American fishermen fishing by the agency of non-inhabitant aliens employed in their 

 service; (6) that the Treaty does not affect the sovereign right of Great Britain as 

 to aliens, non-inhabitants of the United States, nor the right of Great Britain to regu- 

 late the engagement of British subjects, while these aliens or British subjects are on 

 British territory. 



Now therefore, in view of the preceding considerations this Tribunal is of opinion 

 that the inhabitants of the United States while exercising the liberties referred 

 to in the said article have a right to employ, as members of the fishing crews of 

 their vessels, persons not inhabitants of the United States. 



But in view of the preceding considerations the Tribunal, to prevent any misunder- 

 standing as to the effect of its award, expresses the opinion that non-inhabitants 

 employed as members of the fishing crews of United States vessels derive no 

 benefit or immunity from the Treaty and it is so decided and awarded. 



Question III 



Can the exercise by the inhabitants of the United States of the liberties referred to 

 in the said Article be subjected, without the consent of the United States, to the 

 requirements of entry or report at custom-houses or the payment of light or harbour 

 or other dues, or to any other similar requirement or condition or exaction ? 



The Tribunal is of opinion as follows: 



It is obvious that the liberties referred to in this question are those that relate to 

 taking fish and to drying and curing fish on certain coasts as prescribed in the Treaty 

 of October 20, 1818. The exercise of these liberties by the inhabitants of the United 

 States in the prescribed waters to which they relate, has no reference to any commer- 

 cial privileges which may or may not attach to such vessels by reason of any supposed 

 authority outside the Treaty, which itself confers no commercial privileges whatever 

 upon the inhabitants of the United States or the vessels in which they may exercise 

 the fishing liberty. It follows, therefore, that when the inhabitants of the United 

 States are not seeking to exercise the commercial privileges accorded to trading vessels 

 for the vessels in which they are exercising the granted liberty of fishing, they ought 

 not to be subjected to requirements as to report and entry at custom houses that are 

 only appropriate to the exercise of commercial privileges. The exercise of the fishing 

 liberty is distinct from the exercise of commercial or trading privileges and it is not 

 competent for Great Britain or her colonies to impose upon the former exactions only 

 appropriate to the latter. The reasons for the requirements enumerated in the case 

 of commercial vessels, have no relation to the case of fishing vessels. 



We think, however, that the requirement that American fishing vessels should report, 

 if proper conveniences and an opportunity for doing so are provided, is not unreason- 

 able or inap,)ropriate. Such a report, while serving the purpose of a notification of 

 the presence of a fishing vessel in the treaty waters for the purpose of exercising the 

 treaty liberty, while it gives an opportunity for a proper surveillance of such vessel by 

 revenue officers, may also serve to afford to such fishing vessel protection from inter- 

 ference in the exercise of the fishing liberty. There should be no such requirement, 



