uestion Seven related to a state of affairs which for some
time has existed upon the treaty coasts. American fishing vessels
sail from their home ports either under a fishing license or under
register. Under the latter papers they are entitled to carry a cargo
for trading purposes, but must regularly clear at customs. Under
a fishing license they have no trading privilege nor are they
required to take out a clearance.
To the practice of an American vessel engaging in trade on
the treaty coasts and at the same time exercising the treaty liberty
of taking fish, Great Britain objected on the grounds that it was
the manifest intent of the negotiators of the treaty to confine the
rights granted to fishing vessels as a special class, and that the
presence of a registered vessel laden with goods, which claimed
to be on the treaty coasts for the purpose of fishing, would result
FISHERIES ARBITRATION
in constant violations of the revenue laws, which it would be
difficult to prove and punish.
The United States met these objections by asserting that in
i818 the British policy of monopolizing colonial trade was in
force, and that no foreign vessel had the right to bring a cargo
into any Newfoundland port; that, when in i83o mutual com-
mercial privileges were conferred by agreement between the
United States and Great Britain, fishing vessels were not exempted
from their enjoyment, and that there was nothing in the Treaty
of i818 which debarred fishing vessels from rights of trade sub-
sequently acquired.
The soundness of the arguments advanced by both sides
appealed to the Tribunal, and, while the decision was in favor of
the United States, it was so modified as to remove as far as
possible the danger of smuggling.
After a brief statement of its reasons, the Tribunal decided
"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 com-
mercial privileges are not exercised concurrently."
The word "concurrently" is explained in the reasoned part
of the award, in which the Tribunal, after concluding that there
is nothing in the treaty to prevent American vessels from being
employed in the dual capacity, stated: "But they cannt at the
same time and during the same voyage exercise their treaty rights
and enjoy their commercial privileges, because treaty rights and
commercial privileges are submitted to different rules, regulations
and restraints." The use of the phrase "during the same voyage,"
taken in connection with the final answer, can have but one mean-
ing, and to it the United States cannot justly object. The evident
intention of the Tribunal was to decide that an American vessel,
duly authorized to trade, might proceed laden to the treaty coasts,
where, having conformed to the laws governing trading vessels
and having discharged its cargo at a port of entry, it could exer-
cise its treaty liberties with the same freedom as a vessel under a
fishing license. That is, the word "voyage" in this connection
does not mean the round trip, but the time occupied betiveen
departure from the home port and the discharge of cargo on the
THE NORTH ATLANTIC COAST
treaty coast. No other interpretation of the answer to Question
Seven would be rational.
Yrom this review of the award of the Tribunal it is clear
that, except as to Question Five, the answers to the seven ques-
tions were, from an industrial point of view, favorable to the
United States. On the other hand, Great Britain preserved the
technical integrity of her sovereignty over the shores and waters
on which the United States had acquired special rights, and suc-
cessfully resisted the attempt to partition that sovereignty under
the plea that the Treaty of 18i8 created an international servi-
tude. As to Question Five, Great Britain also succeeded in
establishing her contention that the word "bays" in the treaty
meant geographical bays irrespective of their size or depth, but,
in view of the Tribunal's refusal to pass upon their territoriality,
this important branch of the question remains undecided, so that
the historic "headland theory," from a different standpoint, may
again become the subject of controversy.
The award, taken as a whole, commends itself generally,
because it seems to furnish, except as to Question Five, a prac-
tical and permanent solution of the differences which have arisen
in the past and which may arise in the future between the two
powers who were parties to the Treaty of October 20, i818.
The final settlement, through the application of just prin-
ciples of interpretation, of a dispute, which has not infrequently
during the past seventy years menaced the peaceful relations exist-
ing between the United States and Great Britain is a matter for
general congratulation; and that this settlement has been received
with almost universal approbation in both countries, furnishes an
argument in favor of international arbitration more potent than
any which can be presented in behalf of the adjustment of dis-
putes between nations through the peaceful agency of impartial
justice.