1360 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



of persons, there can be no implication that the grantee was to be 

 entitled to get assistance from any persons outside the class. 



If liberty is given to one individual, the question may be whether 

 he must go himself, or whether he may take others with him; but 

 when the liberty is given to an immense class, namely, all the inhab- 

 itants of the United States, it seems to me that no such inference can 

 be drawn. 



I submit, Sirs, that it could not be said here that if the United 

 States had no right to carry away the fish, they must exercise the 

 privilege themselves, but as they have a right to carry away the fish, 

 that they can employ other persons. 



Two other considerations I would now add, from my own point of 

 view, and then bring this subject to a close. 



One would raise the question as to whether Great Britain could 

 not now exclude other nationalities by treaty. She excluded French- 

 men and Spaniards prior to the treaties of 1783 and 1818. Is there 

 anything in those treaties which prevents her now excluding other 

 nations? Is there anything in those treaties giving liberty to the 

 United States to fish which would prevent an agreement be- 

 821 tween Great Britain and Norway for instance, under which 

 Norwegians would be excluded? Of course, if the United 

 States fishermen have a right under the treaty now to employ Nor- 

 wegians, Great Britain cannot make an arrangement under which 

 they are not to go there, but I do submit, Sirs, there is nothing in 

 those treaties which would prevent an agreement of that kind being 

 made. 



One would have to consider, too, what would be the effect of a war 

 between Great Britain and Norway ? If the United States fishermen 

 have a right to employ Norwegians, I suppose Norwegians could go 

 into those fishing grounds and upon British territory, eveti although 

 they were alien enemies because of the United States right. I can- 

 not think, Sirs, with all due respect, that the treaties of 1783 and 

 1818 worked such prohibition upon the freedom of action of Great 

 Britain, as to prevent her excluding alien enemies. 



I then seek to add to the three classes of persons with wjiich I com- 

 menced my remarks to the Tribunal. I would say that the United 

 States clearly have no right to employ Newfoundlanders; that they 

 have no right to employ French; that they have no right to employ 

 Spaniards; that they have no right to employ alien enemies; that 

 they have no right to employ nationals whom Great Britain may 

 afterwards exclude by treaty ; and that they have no right to employ 

 nationals who afterwards may be excluded by British statute which 

 is equivalent to saying that the United States have no right to inter- 

 fere with the complete liberty of action which Great Britain enjoyed 

 before the treaties were made. 



