Elder, Honorable Samuel J.-Continued. Question 6-Continued. Reid, Grey to, June 20, 1907, U. S. C. Ap., 1004, customs houses and entry, Scotch herring fisheries act of 1867, bays included in coast. 1559. "Shores": Meaning of, Magdalen Islands, 1560. Means "coasts," 1555, 1560. 1559. Statute of Uses, analogy from words "person" and "persons" therein, 1563. Statutes cited: Canada: May 22, 1868, U. S. C. Ap., 133, license not necessary to Americans, 1570. Imperial: June 14, 1819, U. S. C. Ap., 112, authorizing King to make regulations under 1818 treaty, 1566; 1819, order in council, U. S. C. Ap., 115, coast meant same as regards Labrador as Newfoundland, 1567; 1867, Scotch herring fisheries act, “coasts" includes bays, 1559; Mar. 30, 1809, U. S. C. C. Ap., 67, "coast" includes sinuosities, 1559. Summary, 1575-77. Territorial waters, notice not to fish in British North American: Bayard to West, Mar. 23, 1886, U. S. C. Ap., 755, 1573, West to Bayard, Mar. 19, 24, 1886, U. S. C. Ap., 755, 1573. Treaties cited: 1783: “bays" not same as in 1818, 1553-4; "coast" means same as in 1818, 1553-4. 1818: "bays" not same as in 1783, 1553-4; British proposal, B. C. Ap., 88, bays included in coast, 1566-7; "coast" means same as in 1783, 1553-4; meaning of "coast," 1558-9. Treaty coast, warning notices improper as to, 1572. Warning notices improper as to treaty coast, 1572. Wensleydale's Golden Rule, words to be given natural meaning, 1564. West, Bayard to, Mar. 23, 1886, U. S. C. Ap., 755, notice not to fish in British West to Bayard, May 19, 24, 1886, U. S. C. Ap., 755, notice not to fish in British Winter fishery, Americans entitled to, Boyle to Lyttleton, Apr. 15, 1904, Question 7, pp. 1512, 1577-91 (July 21, 22, 1910). Bait and supplies: Fishing vessels claim to buy, under general trading rights, GRAY, 1586-7. Purchase of, a commercial privilege, LAMMASCH, 1588-9. Bayard to West, May 10, 1886, U. S. C. Ap., 764, extension of reciprocal commercial rights, 1581. Commercial nonintercourse, if continued, President empowered to close ports, United States statute, Mar. 3, 1887, B. C. Ap., 792, 1582. Commercial privilege, purchase of bait and supplies is, LAMMASCH, 1588-9. Commercial privileges extended to United States by British colonies: Nov. 5, 1830, Imperial order in council, B. C. Ap., 570-1, 1579-80. Reciprocal commercial privileges, May 29, 1830, United States statute, B. C. Ap., 786, and proclamation, Oct. 5, 1830, B. C. Ap., 786, 1579, 1580. Elder, Honorable Samuel J.-Continued. Question 7-Continued. Commercial privileges: General nature of, shown by "otherwise" in ques- Commercial rights: Denial of, to fishing vessels, President's message, Dec. DRAGO: Inhabitants of United States entitled to fish from trading vessels, 1587. Fish from trading vessel, or trade from fishing vessel, LAMMASCH, 1587–8. Fishing and trading: No mention of impropriety of both, Grey to Reid, Feb. 2, 1906, U. S. C. Ap., 974–5, 1590. Permitted by United States register, 1588. Fishing vessels: Can exercise trading privileges if authorized by United States, FITZPATRICK, 1585-6. Claim to buy bait and supplies under general trading rights, GRAY 1586-7. Commercial privileges of, 1512. Denial of commercial rights to, President's message, Dec. 5, 1870, B. C. Ap., 241, 1582. FITZPATRICK: Fishing vessels can exercise trading privileges if authorized by United States, 1585-6. GRAY: Fishing vessels claim to buy bait and supplies under general trading rights, 1586-7. Great Britain, statutes of. See Statutes cited, Imperial. Grey to Reid, Feb. 2, 1906, U. S. C. Ap., 974–5, no mention of impropriety of both fishing and trading, 1590. House of Representatives committee report, 1887, 1818 treaty does not give commercial privileges, 1578. Inhabitants fishing, can they also trade, 1582-3. Inhabitants of United States entitled to fish from trading vessels, DRAGO, 1587. Manning's report to House of Representatives, 1818 treaty has no application "Otherwise" in question 7 shows general nature of commercial privileges, Ports, President empowered to close, if commercial nonintercourse continued, President's message, Dec. 5, 1870, B. C. Ap., 241, denial of commercial Reciprocal commercial privileges, British colonies and United States, United Reciprocal commercial rights, extension of, Bayard to West, May 10, 1886, Register, United States, of vessels permits both trading and fishing, 1588. Elder, Honorable Samuel J.-Continued. Question 7-Continued. Statutes cited: Imperial: Order in council, 1830, B. C. Ap., 570-1, commercial privileges extended to U. S. by British colonies, 1579–80. United States: May 29, 1830, B. C. Ap., 786, reciprocal commercial privileges, 1579, 1580, Mar. 3, 1887, B. C. Ap., 792, President empowered to close ports if commercial nonintercourse continued, 1582. "Touch and trade," 1818 treaty has no application to right to, Manning's report to House of Representatives, 1577-8. Trade from fishing vessel, or fish from trading vessel, LAMMASCH, 1587–8. Trade, tribunal should not seek sources of American right to, LAMMASCH, 1584. Trading and fishing, no mention of impropriety of both, Grey to Reid, Feb. Trading and fishing permitted by United States register, 1588. Trading privileges may be exercised by fishing vessels if authorized by Trading rights, general, fishing vessels claim under, right to buy bait and Trading vessels, United States inhabitants entitled to fish from, DRAGO, 1587. Treaties cited: 1818, does not destroy commercial privileges, 1583-4; does not give commercial privileges, House of Representatives committee report, 1887, 1578; does not involve commercial privileges, 1577; does not involve commercial rights, Evarts in Senate, Jan. 24, 1887, 1578; has no application to right to “touch and trade," Manning's report to House of Representatives, 1577-8. West, Bayard to, May 10, 1886, U. S. C. Ap., 764, extension of reciprocal commercial rights, 1581. Ewart, John S., K. C. Question 1, pp. 1367-1443. (July 18, 19, 1910.) Adams' diary, Nov. 29, 1782, B. C. C. Ap., 103, "right" to ocean fishery and "liberty" to coast fishery, 1377-8. Adams drafted plan 1783 treaty using "liberty," 1376. Adams' Memoirs, Dec. 14, 1814, B. C. C. Ap., 147, treaty right a continuation of previous rights, 1432. Adams to Castlereagh, Jan. 22, 1816, B. C. Ap., 74, partition theory, 1433. Adams to Gallatin and Rush, July 28, 1818, B. C. Ap., 85, partition theory, 1433. Adams to Monroe, Sept. 19, 1815, B. C. Ap., 65, partition theory, 1432. Adams to Rush, Apr. 5, 1815, U. S. C. C. Ap., 618, British and American rights equal, 1431. Adams to Russell, May 3, 1822, B. C. C. Ap., 156, treaty right a continuance of previous rights, 1433. Adams to Thomas, Aug. 10, 1822, U. S. C. Ap., 318: Americans discovered fisheries, New England defended them, 1375, 1379; partition theory, 1431; "right" and "liberty," 1376. Adams, C. F.: B. C. C. Ap., 105, "right" to ocean fishery and "liberty" to coast fishery, 1378. Advantages of British fishermen, geographical and by treaty, 1422. Alaska Packers Association, United States v., 79 Fed. Rep., 152: "in common," 1397-8; power of regulation, 1398. Ewart, John S., K. C.-Continued. Question 1-Continued. American commissioners, report of, Dec. 25, 1814, B. C. C. Ap., 150, partition theory, 1432. American, Franco-, controversy, 1404–5. Articles of confederation gave Congress limited authority, 1385. Bait, regulations, imperial statute, 1824, B. C. Ap., 567, GRAY, 1401–2. Boutwell circulars, reason for clause regarding obedience to local regula- British condition in 1782, not helpless, 1374. Canadian regulations, FITZPATRICK, 1407. Canals, right to regulate, 1413. Castlereagh, Adams to, Jan. 22, 1816, B. C. Ap., 74, partition theory, 1433. Colonial charters: Fishing liberties, 1369-71. 1691, Massachusetts charter, Colonial charters, laws regulating fisheries under, B. C. Ap., 770-76, 1370–1. Colonial regulation statutes: Between 1783-1818, 1395-6. 1786, imperial Colonial rights in fishery preserved in 1783 treaty: Livingstone to Washing. ton, Mar. 12, 1783, B. C. C. Ap., 132, 1382. Madison to Randolph, Mar. 12, 1783, B. C. C. Ap., 132, 1383. Colonies not connected governmentally, 1370. Confederation, Articles of, gave Congress limited authority, 1385. Congress, report of committee, 1782, disclaimed right to in-shore fishery,1372. Construction of treaty, rules, 1368. Cooley, p. 575, right to regulate, 1440. DRAGO: United States position re partition theory, 1428-9. Dunham v. Lamphere, 3 Gray, 268, free fishing to American citizens does not prohibit State regulation, 1391-4. Evarts and Root only objected to regulations, 1439. Evarts-Salisbury correspondence, 1415-20. Evarts to Welsh, Aug. 1, 1879, B. C. Ap., 277, joint regulations, 1425. Exclusion law, LAMMASCH, Forsyth to Stevenson, Feb. 20, 1841, B. C. Ap., 124, 1407. Exclusive, French rights claimed to be, 1404; are not, 1381–2. Exclusive, grant to United States in 1783 not, 1381, 1382. Executive and legislative acts alleged to be violations of treaty, list of requested by tribunal, 1443. Extraterritoriality, Americans claim, 1367. Extraterritoriality, "liberty" is not right of, 1382. Ewart, John S., K. C.-Continued. Question 1-Continued. Fishermen, American, not released from British control by treaty of 1783, 1381. Fisheries conceded to Americans in 1782, reasons for, 1379-80. Fisheries discovered by Americans, Adams to Thomas, Aug. 10, 1822, U. S. Fishery rights insisted on by American commissioners, Fitzherbert to Shel- Fitzherbert to Shelburne, Dec. 4, 1782, B. C. C. Ap., 110, American commissioners insist on fishery rights, 1378-9. FITZPATRICK: Canadian regulations, 1407. Regulation must be authorized by legislation, 1389. Security for fair administration of regulations, 1423. Treaty right subject to preexisting laws, 1418. United States position re partition theory, 1434. Forsyth to Stevenson, Feb. 20, 1841, B. C. Ap., 124, treaty right subject to local legislation, 1406, exclusion law, LAMMASCH, 1407. Franco-American controversy, 1404–5. Free fishing did not mean unlimited fishing, 1371. Imperial statute, 1699, Free fishing, 1783 treaty, means freedom previously enjoyed by colonists, Free fishing to American citizens does not prohibit State regulation: Dunham v. Lamphere, 3 Gray, 268, 1391–4. Mass. v. Manchester, 152 Mass. R., 230; 139 U. S., 240, 1394-5. Frelinghuysen, West to, Oct. 9, 1883, U. S. C. Ap., 751, joint regulations, 1425. Frelinghuysen to West, July 11, 1884, U. S. C. Ap., 753, joint regulations, 1426. French rights: Claimed to be exclusive, 1404; but are not, 1381-2. French shore, regulations unnecessary on, 1404. Gallatin and Rush, Adams to, July 28, 1818, B. C. Ap., 85, partition theory, Gardner's letter, B. C. Ap., 502, regulations unreasonable, position of United Geographical advantages of British fishermen, 1422. Governors, Livingstone to the, Feb. 19, 1782, B. C. C. Ap., 30, hazardous Grant of liberty to United States did not prevent similar grant to others, 1381. GRAY: American claim, any regulation is derogation of treaty right, 1386-8. Great Britain, statutes of. See Statutes cited, Imperial. Great Britain's failure to regulate does not indicate inability, 1401. Green, Livingstone to, Jan. 31, 1782, B. C. C. Ap., 30, hazardous position of Grey's memorandum, B. C. Ap., 495, partition theory, 1436-7. |