1352 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



treaty coast and take fish of any kind." Then, going on to the 

 paragraph numbered 3 : 



" The only concern of the Government of Newfoundland with such 

 a vessel is to call for proper evidence that she is an American vessel, 

 and, therefore, entitled to exercise the Treaty right, and to have her 

 refrain from violating any laws of Newfoundland not inconsistent 

 with the Treaty. 



The proper evidence that a vessel is an American Vessel and en- 

 titled to exercise the Treaty right is the production of the ship's 

 papers of the kind generally recognized in the maritime world as 

 evidence of a vessel's national character." 



Now, Sirs, in answer, the British Case suggested that if the con- 

 tention was valid, Norwegians, for instance and we have a great 

 many of them on our coasts, who do a great deal of our coasting 

 trade could charter a United States fishing- vessel and avail them- 

 selves of the treaty rights of the United States inhabitants. If the 

 flag admits the man, and the Norwegians had a vessel with an Amer- 

 ican flag up, then, inasmuch as the only concern of Newfoundland is 

 to see the ship's papers, Newfoundland would be helpless. The re- 

 ply which the United States made to that argument, I think, is suffi- 

 cient to show that the position assumed by Mr. Root is untenable. 

 At p. 94 of the United States Argument our contention is set out, 

 and the reply of the United States is made : 



" The United States denies that the position which it has assumed 

 on this Question can lead to the result suggested in the British Case, 

 namely 



" If the nationality of the ship, or of the owner of it, and not the 

 nationality of the fishermen actually engaged in the fishing, be the 

 test of the right to fish under the treaty, then fishermen of other 

 countries can obtain access to those fisheries, subject to such restric- 

 tions as the law of the United States may from time to time impose. 

 They may, by charter or arrangement, obtain control of an American 

 vessel, or they may engage to serve on an American vessel. Once on 

 board, their nationality, according to the contention of the United 

 States becomes of no importance; the moment they have entered 

 British waters under the American flag they become entitled to the 

 full rights conferred by the treaty. This is no fanciful objection. 

 The British North American fisheries are of great value, and would 

 be eagerly competed for by foreign fishermen if it became known that 

 access could in any way be obtained to them." 



The United States replies in this way : 



" On the facts here assumed the fishing would not be by inhabitants 

 of the United States in any sense. The United States does not 

 maintain that being on board an American fishing vessel gives the 

 right to fish under the treaty, but that being on board such a vessel 

 under engagement to fish for an inhabitant or inhabitants of the 

 United States does give such right. No foreigner, not an inhabitant, 



