ARGUMENT OF SAMUEL J. ELDER. 1487 



from this speech, because it is quite largely a repetition of the 

 speeches to which reference has previously been made. 



That brings us down to the spring of 1907. It will be remembered 

 that Mr. Root had written to Sir Edward Grey, through Mr. Reid 

 on the 30th June, 1906. Sir Edward Grey's reply to Mr Reid's 

 letter is dated the 20th June, 1907 (United States Case Appendix, 

 vol. 11 ). The reply will require to be considered so much in the 

 future that I will not take much time now in reading portions of it 



He speaks in particular of having had the advantage of a full dis- 

 cussion with Sir Robert Bond when he was present at the colonial 

 conference. That appears at p. 1004: 



"They have now had the advantage of a full discussion with Sir 

 R. Bond." 



At p. 1004 he announces the position, which I think is the position 

 of Great Britain to-day, with regard to the employment of non- 

 inhabitants upon fishing vessels. At the bottom of that page, in 

 replying to Mr. Root, he says that the views of His Majesty's Gov- 

 ernment are quite clear upon this point: 



"The Convention of 1818 laid down that the inhabitants of the 

 United States should have forever in common with the subjects of 

 His Britannic Majesty the liberty to take fish of every kind on the 

 coasts of Newfoundland within the limits which it proceeds to define. 



" This right is not given to American vessels, and the distinction 

 is an important one from the point of view of His Majesty's Govern- 

 ment, as it is upon the actual words of the Convention that they base 

 their claim to deny any right under the Treaty to American masters 

 to employ other than American fishermen for the taking of fish in 

 Newfoundland Treaty waters." 



The Court will remember that Mr. Root's letter, to which this is a 

 reply, had pointed out that it would be rather absurd, that a vessel 

 seeking shelter, or coming into port for repairs, must show 

 899 evidence that all of the seamen on board the vessel were Ameri- 

 can citizens, that it was quite impossible that in order to entitle 

 itself to any one of the four privileges granted under the renuncia- 

 tory clause of the treaty of 1818 a vessel must make proof of the 

 citizenship of its crew. To that Sir Edward replied : 



" Mr. Root's language, however, appears to imply that the condi- 

 tion which His Majesty's Government seek to impose on the right of 

 fishing is a condition upon the entry of an American vessel into the 

 Treaty water? for the purpose of fishing. This is not the case. His 

 Majesty's Government do not contend that every person on board 

 an American vessel fishing in the Treaty waters must be an inhabi- 

 tant of the United States, but merely that no such person is entitled 

 to take fish unless he is an inhabitant of the United States. This 

 appears to meet Mr. Root's argument that the contention of His 

 Majesty's Government involves as a corollary that no American 

 vessel would be entitled to enter the waters of British North America 



92909 S. Doc. 870, 61-3, vol 10 38 



