STATEMENT IN CONCLUSION. The United States, on the evidence herewith presented in the Case and Appendix thereto, and on the facts established thereby, claims that the questions referred for decision to the Tribunal, as set forth in Article I of the Special Agreement of January 27, 1909, should be answered and decided in accordance with the position taken by the United States with respect to the true intent and meaning of Article I of the treaty of 1818; and in order that such position may be clearly defined, it is stated below in the form of an answer to each of the questions submitted, and the United States requests that such questions be answered accordingly. 1. The position of the United States with reference to Question 1 is, as stated therein, that the exercise of the liberty to take fish, referred to in Article I of the treaty of 1818, which the inhabitants of the United States have forever in common with the subjects of His Britannic Majesty, is not subject to limitations or restraints by Great Britain, Canada, or Newfoundland in the form of municipal laws, ordinances, or regulations in respect of (1) the hours, days, or seasons when the inhabitants of the United States may take fish on the treaty coasts, or (2) the method, means, and implements used by them in taking fish or in carrying on fishing operations on such coasts, or (3) any other limitations or restraints of similar character (a) Unless they are appropriate and necessary for the protection and preservation of the common rights in such fisheries and the exercise thereof; and (b) Unless they are reasonable in themselves and fair as between local fishermen and fishermen coming from the United States, and not so framed as to give an advantage to the former over the latter class; and (c) Unless their appropriateness, necessity, reasonableness and fairness be determined by the United States and Great Britain by common accord and the United States concurs in their enforcement. The United States requests the Tribunal to answer and decide that this contention on the part of the United States is wholly justified, and that the contention of Great Britain, stated in this Question, is without justification in so far as it is inconsistent with the contention of the United States. 2. The position of the United States on Question 2 is that the inhabitants of the United States have, while exercising the liberties referred to in the said Article, a right to employ as members of the fishing crews of their vessels, persons not inhabitants of the United States; and the United States requests the Tribunal to answer and decide this Question accordingly. 3. The position of the United States on Question 3 is that the exercise by the inhabitants of the United States of the liberties referred to in the said Article cannot 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 harbor or other dues, or to any other similar requirement or condition or exaction; and the United States requests the Tribunal to answer and decide this Question accordingly. 4. The position of the United States with reference to Question 4 is that under the provision of the said Article that the American fishermen shall be admitted to enter certain bays or harbors for shelter, repairs, wood, or water, and for no other purpose whatever, but that they shall be under such restrictions as may be necessary to prevent their taking, drying, or curing fish therein or in any other manner whatever abusing the privileges thereby reserved to them, it is not permissible to impose restrictions making the exercise of such privileges conditional upon the payment of light or harbor or other dues, or entering or reporting at custom-houses or any similar conditions; and the United States requests the Tribunal to answer and decide this Question accordingly. 5. The position of the United States with reference to Question 5 is that the distance of "three marine miles of any of the coasts, bays, creeks, or harbors" referred to in the said Article, must be measured from low water mark following the indentations of the coast; and the United States requests the Tribunal to answer and decide this Question accordingly. 6. The position of the United States with reference to Question 6 is that the inhabitants of the United States have the liberty under the on that part of the southern coast of Newfoundland which extends from Cape Ray to Rameau Islands, and on the western and northern coasts of Newfoundland from Cape Ray to Quirpon Islands, and on the Magdalen Islands; and the United States requests the Tribunal to answer and decide this Question accordingly. 7. The position of the United States with reference to Question 7 is that it is raised only in relation to the provisions of Article I of the treaty of 1818, which this Tribunal is called upon to interpret, and that, so far as such provisions bear upon the question, the inhabitants of the United States, whose vessels resort to the treaty coasts for the purpose of exercising the liberties referred to in Article I aforesaid, are entitled to have for those vessels, when duly authorized by the United States in that behalf, the commercial privileges on the treaty coasts accorded by agreement or otherwise to United States trading vessels generally; and the United States requests the Tribunal to answer and decide this Question accordingly. Chandler Agent of the United States in the North Atlantic Coast Fisheries Arbitration. 1234--09-17* |