1340 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



enforced, a suggestion was made to a man in authority that greater 

 success would be obtained if greater moderation were shown. And 

 the reply was, " Parf aitement, que messieurs les assassins commencent." 

 Without applying at all that word to the United States, but 

 the idea merely, I think I may close by saying that if the United 

 States wishes to have established as a principle of international law 

 that no bays can be territorial unless they are less than 6 miles wide 

 they should show the example they should get some reputable 

 writer in their country to declare it to be a principle of international 

 law, and they should offer up at least one of their bays as a pledge of 

 the sincerity of their convictions. 



Now, Sirs, I propose to take up Question No. 2. I submit, Sirs, 

 that the question is an inclusive question, and, as has been stated, a 

 universal question. And, further, that unless it can be distributed, 

 as we are quite willing, in case of necessity, that it should be distrib- 

 uted, the answer to it must be in the negative that is, in favour of 

 the British Government. The question is: 



"Have the inhabitants of the United States, while exercising the 

 liberties referred to in said Article, a right to employ as members of 

 the fishing crews of their vessels persons not inhabitants of the United 

 States?" 



And that must read all persons. Then, if there are any persons 

 that United States inhabitants have not a right to employ, the ques- 

 tion must of course be answered in the negative. If, therefore, it is 

 impossible to distribute the question amongst the different classes of 

 persons, then, as I humbly submit, the question must be answered in 



the negative. 



809 Great Britain, however, does not wish for any mere verbal 

 victory, but desires to have the question really agitated 

 between the nations settled by this Tribunal. And for that purpose 

 we prefer to argue the question distributively. 



The first observation that I wish to make upon this subject is this : 

 that the right of the United States to employ certain persons involves 

 the absence of right on the part of British Legislatures to prohibit 

 such employment. And therefore the question that we have to resolve 

 or to deal with is whether there is any right on the part of you may 

 take Newfoundland as the colony principally interested any right 

 on the part of Newfoundland to prohibit the entry into its waters 

 of persons other than those having treaty rights. 



And, Sirs, there seems to me to be great necessity for distinguish- 

 ing between three classes of persons at least. I shall have later in 

 the course of my remarks to suggest a possible extension of the list; 

 but at all events, in the beginning, it seems to me necessary to dis- 

 tinguish amongst three classes, namely, the Newfoundlanders them- 



