ARGUMENT OF SAMUEL J. ELDER. 1461 



I wish to say, if the Tribunal please, something with regard to 

 vessels on register (which are mentioned for the first time in this 

 communication). A vessel on American register must be wholly 

 owned by citizens of the United States. If any one of the owners 

 lives abroad, other than as United States consul, the right of registry 

 ceases, even though his ownership is a mere fraction ; the vessel must 

 have been built in the United States, or must have been captured in 

 war and condemned, a provision which, happily, is of no importance 

 now ; its captain must be a citizen of the United States ; every officer 

 of a watch must be a citizen of the United States. These rules have 

 been in existence I believe, since 1792, perhaps not in identical form, 

 but in substance. Mr. Ewart agreed in substance to that statement, 

 though he was not quite sure that they extended so far back as that. 

 He pointed out that the law might change, and that these were mere 

 statutes, and no protection to Great Britain. This Tribunal is deal- 

 ing with facts and not with possibilities. A rule with regard to the 

 right of American register, which has existed for a century, is not 

 likely to be changed. It is no more probable that the requisite for 

 flying the flag of the United States will be minimized than that the 

 qualifications for flying the flag of Great Britain, or of any other 

 country, will be lessened. Until some change comes in that rule, the 

 force of American registry is absolutely unimpaired. One thing 

 more : A vessel on register is entitled to both trade and fish. That 

 fact appears later in some of the quotations that I shall beg the atten- 

 tion of the Tribunal to ; it may either fish or trade, and it is a well- 

 known fact, and it is apparent from the record, that vessels are used 

 for both purposes, in some portions of the year for one and in some 

 portions of the year for another. 



To return to the matter of the mystery, as I am pleased to call it. 

 at p. 965, United States Case Appendix, in a communication from 

 Mr. Durand to Mr. Root of the 19th October, 1905 : 



" The Minister says that the statement that he has forbidden vessels 

 on American register to fish on the treaty coast is without foundation. 

 He has exercised no interference whatever with such vessels. There- 

 fore, whatever may be the facts in regard to the alleged interference 

 by subordinate officials, about which you spoke to me to-day, it is 

 clear that the statement originally received by you was not correct." 



At p. 966, Mr. Root, writing to Sir M. Durand says, in a quotation 

 that was read this morning, that he has been informed by Mr. Gard- 

 ner, a representative in Congress from the Gloucester district, that he 

 has received a number of despatches, and that : 



" These despatches agree in the statement that vessels on American 

 registry are forbidden to fish on the Treaty Coast. One captain says 

 that he was informed that he could not fish by the Inspector of the 

 Revenue Protection Service of Newfoundland, and several of them 



