1442 NOBTH ATLANTIC COAST FISHERIES ABBITBATION. 



makes the regulations is the sole judge of their reasonableness 

 measured by the prescribed standards." 



And, thirdly, to the argument that every regulation, however neces- 

 sary from a public or preservative standpoint, must of necessity be 

 regarded as an impairment of the obligation of the contract which 

 created the liberty. 



It may be that, in this department of law, as in so many others, 

 difficulties may arise in the application of principles in determining 

 satisfactorily upon which side of the line a particular case falls; but 

 that, as I submit, is no reason whatever for declaring that there is no 

 distinction at all between regulations which impair treaty rights, and 

 regulations which are necessary for the prolongation of the enjoy- 

 ment of those rights. And I should like to submit to the considera- 

 tion of the Tribunal the language which I have read upon p. 577 of 

 Cooley, that the powers which can be justified on this specified ground 



" can be such only as are so clearly necessary to the safety, comfort, 

 and well-being of society, or so imperatively required by the public 

 necessity as to lead to the rational and satisfactory conclusion that 

 the framers of the Constitution " 



I would substitute " negotiators of the treaty " 



" could not, as men of ordinary prudence and foresight, have intended 

 to prohibit their exercise in the particular case, notwithstanding 

 the language of the prohibition would otherwise include it." 



The United States contends that it has a right to exercise sovereign 

 powers in Canadian and Newfoundland territory. Upon such a ques- 

 tion, Sirs, Canada and Newfoundland are just as sensitive as would 

 be Maine or Massachusetts, if Great Britain were advancing a similar 

 claim with reference to United States territory. It was the aspira- 

 tion of freedom to control their own affairs that fired the hearts of 

 the revolutionary patriots. Canada has acquired, more slowly than 

 the United States, complete legislative control over her own affairs, 

 but she has obtained it, and she may be forgiven if, as she emerges 

 from subordination to the Colonial Office, she objects to enter upon 

 subjection, even in one particular, to the United States. Mr. Roose- 

 velt, in a recent address at Christiania, said : 



" But all really civilised communities should have effective arbitra- 

 tion treaties among themselves. I believe that these treaties can cover 

 almost all questions liable to arise between such nations I ask you 

 to weigh each word, as I am purposely phrasing this with great care 

 so that I shall not appear to be advocating wnat is impossible if 

 they are drawn with explicit agreement that each contracting party 

 will respect the other's territory and its absolute sovereignty within 

 that territory, and the equally explicit agreement that (aside from 

 the very rare cases where the nation's honour is vitally concerned) 

 all other possible subjects of controversy will be submitted to arbi- 

 tration." 



