1372 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



that time free fishing did not at all mean unregulated fishing. This 

 statute was in force when the 1783 treaty was made, and also when 

 the 1818 treaty was made. The Americans were admitted to the 

 freedom of fishing, and I submit it was to the freedom of fishing re- 

 ferred to in this statute. That was the freedom of fishing which 

 they had enjoyed prior to their declaration of independence. They 

 had freedom of fishing subject to the regulations. They forfeited 

 their position by their declaration of independence; and when, by 

 treaty, they returned, I submit that they returned to the position 

 which they occupied immediately before their declaration of inde- 

 pendence. 



THE PRESIDENT : The Court will adjourn until 2 o'clock. 



[Thereupon, at 12 o'clock, the Tribunal took a recess until 2 

 o'clock P. M.] 



AFTERNOON SESSION, MONDAY, JULY 18, 1910, 2 P. M. 



THE PRESIDENT : Will you kindly continue, Sir. 



MR. EWART : Mr. President and gentlemen of the Tribunal : Sena- 

 tor Turner based an argument in support of the United States con- 

 tention upon the assertion of the right of the United States to the 

 fisheries at the time of the negotiation; and he quoted, from Mr. 

 Adams' correspondence, some extracts in support of his position. I 

 am not quite sure, if Senator Turner could establish what he en- 

 deavoured to establish, that it would have much bearing upon the 

 question before the Tribunal. It is, however, possible that the impli- 

 cations of the treaty might be different in the two cases I mean the 

 case of the United States having had a right prior to the date of the 

 treaty, and the case of the treaty being a grant for the first time of a 

 liberty from Great Britain to the United States. And because of the 

 possibility of those differing implications I feel that I must follow 

 Senator Turner to some extent, 



He was met at the outset of his argument by the very serious dif- 

 ficulty that the Congress of 1779 and the Committee of Congress of 

 1782 had disclaimed any right on the part of the United States to 

 the inshore fisheries to a distance of 3 'leagues, indeed from the 

 shore-line. He endeavoured to get rid of that very serious difficulty 

 by some rather slighting remarks as to the personnel of the Congress. 



Senator Turner had not examined the list of names of the men 

 who signed that report in 1782, and who comprised or were mem- 

 bers of the Congress in the previous year. He spoke of them as 

 " inconspicuous individuals." Two of the members of the committee 

 of 1782 were far from being inconspicuous individuals. One of them 

 was James Madison, whose name has only to be mentioned in order 

 that he may be known fourth President of the United States ; prob- 



