1354 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The United States, in its Argument, at p. 95, seems to agree and 

 I think they are right, I may say that Americans could not go in 

 a French ship, for instance. And, for fear of misconstruction, either 

 during the present sitting or afterwards, I may say that I perfectly 

 agree with that, and for this reason: that vessels can go to the 

 fishing-ground merely because of the necessary implication of the 

 treaty. There is nothing in the treaty expressly permitting Ameri- 

 can vessels to enter; but inasmuch as it is a vessel fishery, there is a 

 necessary implication in the treaty that the vessels may go. But an 

 implication is never carried further than necessary to accomplish 

 the object of the parties. And it is not at all necessary to carry this 

 implied right of entry of vessels further than what was contem- 

 plated at the time, namely, that they should be American vessels. 

 The point is immaterial, except for the purpose of safeguarding 

 myself from misconstruction. 



Taking the view that the United States Argument presents to us, 

 that Americans could not go in French ships, I would make this 

 observation: that I would infinitely prefer arguing that Americans 

 could go in French ships or, rather, I will use the expression " Nor- 

 wegian ships," because the French are excluded by treaty I would 

 infinitely prefer to argue that Americans could go in Norwegian 

 ships than that Norwegians could go in American ships. It seems 

 to me that something of a case, at all events, could be made in sup- 

 port of the view that Americans could go in Norwegian ships. We 

 can imagine the United States saying to us : " Where do you find 

 anything in the treaty saying that our people are not to go in Nor- 

 wegian ships, or in any ship that they like? Where do you find 

 anything saying that they may not swim, if they choose, or can? 

 Are not they Americans? Are not they inhabitants of America, 

 whether they are in Norwegian ships or any other ships? " Some- 

 thing could be made of that argument, and we would merely have 

 the implication to which I have referred with which to reply to 

 them. It seems to me a much more difficult thing to say that Nor- 

 wegians can go in American ships. And, Sirs, if it is true, as 

 contended, that a whole crew of Norwegians may go in American 

 ships, and if it be also true that Americans may go in a Norwegian 

 vessel, then Norwegians may go in a Norwegian vessel, and the 

 exclusion that we thought we had of these Norwegians is really at 

 an end. 



The second argument which the United States puts forward has 

 two branches. It is based upon conceptions df the law of principal 

 and agent. The first statement which the United States makes in 

 that connection is found at p. 91 of its Argument, in the paragraph 

 numbered 4: 



