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NORTH ATLANTIC
COAST FISHERIES ARBITRATION

THE

ARGUMENT OF THE UNITED STATES

BEFORE

THE PERMANENT COURT OF ARBITRATION

AT THE HAGUE

UNDER THE

PROVISIONS OF THE SPECIAL AGREEMENT BETWEEN
THE UNITED STATES OF AMERICA AND GREAT BRITAIN

CONCLUDED JANUARY 27, 1909

WASHINGTON, D. C.
GOVERNMENT PRINTING OFFICE

1910

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CONTENTS OF THE ARGUMENT.

Page.

INTRODUCTORY STATEMENT.

5

QUESTION ONE.....

13

Scope and meaning of the Question...

14

International servitudes

16

Nature of an international servitude...

17

The extent to which an international servitude limits the power of

the servient state....

29

The treaty right in this case possesses the essential elements of an

international servitude.....

30

The terms “liberty” and “in common”

32

Examination of the Treaty of 1818.

32

Meaning of "liberty"

33

Meaning of “in common

35

Grammatical and colloquial meaning of “in common

37

Meaning of “in common” as a term of art.

38

The British contention as to the meaning of “in common

41

The British construction would lead to inadmissible results

43

Interpretation and construction by the Parties......

44

Construction of United States sustained by negotiations preceding the

treaty .

44

Contemporaneous construction...

Later construction..

53

Conclusions...

54

Right to regulate and character of regulations.

54

British argument as to the right to impose regulations

55

British argument based on supposed continuance of Treaty of 1783 .. 59

The question of reasonable regulations

61

Regulations referable to public order

66

Regulations referable to public morals

67

Legislative and administrative action and diplomatic correspondence

since 1818..

70

The British Act of June 14, 1819, and the Order in Council of June

19, 1819..

70

Newfoundland's legislative acceptance of the Treaty of 1871

70

The Marcy circular....

71

The Boutwell circular.....

73

The Halifax arbitration and award.

74

The Cardwell letter.....

76

The Fortune Bay controversy.

77

Settlement of Fortune Bay claims..

80

British suggestion for joint regulations..

80

Joint action of Great Britain and France.

British admission of dominant French rights.

83

French assertion of dominant rights.

84

The correspondence of 1905-1907....

86

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