1512 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



although owned and commanded by Americans, and limiting the 

 exercise of the right to fish to ships having a fishing licence." 



It seems to me we get a considerable amount of light on this par- 

 ticular phase of the subject from the questions which have been pro- 

 pounded to this Tribunal, in a treaty between the two countries, 

 which treaty must be supposed to be, in a way, a statement by the two 



countries of their understanding. 

 914 Question No. 7 reads in this way 



"Are the inhabitants of the United States whose vessels 

 resort to the treaty coasts for the purpose of exercising the liberties 

 referred to in Article I of the treaty of 1818 entitled to have for those 

 vessels, when duly authorized by the United States in that behalf." 



Clearly implying that the exercise of the treaty privilege can only 

 be by the authorization of the United States, a thing which must 

 follow from the chain of title, as we say with reference to real estate 

 matters, the right having vested in the United States under the 

 treaty, its exercise can only be authorised by the United States. 



SIK CHARLES FITZPATRICK: "Duly authorised" in Question 7 

 does that not refer to commercial privileges? 



MR. ELDER : No, Sir Charles. 



SIR CHARLES FITZPATRICK : I have only looked at it for a moment. 

 I am just asking your opinion. 



MR. ELDER : Perhaps I had better read the question : 



"Are the inhabitants of the United Stats whose vessels resort to 

 the treaty coasts for the purpose of exercising the liberties referred to 

 in Article I of the treaty of 1818 entitled to have for those vessels, 

 when duly authorised by the United States in that behalf, the com- 

 mercial privileges on the treaty coasts accorded by agreement or 

 otherwise to United States trading vessels generally ? " 



I think it is a question whether the construction is not open to the 

 one your Honour has suggested. In that case the necessity for the 

 authorization by the United States is, I think, clear, from the fact 

 that the United States itself is the power or party in which the right 

 has been vested, and that it must give its authorization before there 

 can be any exercise of it. 



Well now, with regard to the authorization, it appears repeatedly 

 in the course of the correspondence between Mr. Root and Sir 

 Edward Grey that the vessels on the treaty coasts were practically all 

 registered vessels, and those were vessels which have a right to fish 

 as well as trade and a right to trade as well as fish. It is the general 

 authority of the United States given to them. And Mr. Root says on 

 p. 979 of vol. ii of the United States Case Appendix : 



"As this is conceded to be essentially ' a ship fishing,' and as neither 

 in 1818 nor since could there be an American ship not owned and 

 officered by Americans, it is probably quite unimportant which form 

 of expression is used." 



