1516 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



DR. DRAGO : The grant in the treaty is given to the " inhabitants of 

 the United States" without any other qualification. But how this 

 is to be ascertained the United States can regulate by their own 

 municipal legislation. 



MR. ELDER : My proposition at the moment is, that the treaty being 

 made with the United States, the rights of course run to the United 

 States, and it is the United States that must authorize the exercise of 

 the privilege, and of course by its own internal regulation it deter- 

 mines how that authorization shall be issued. I have been calling 

 attention to the way in which for very many years, in fact since the 

 date of the treaty and earlier, the authorization has been given, be- 

 cause Great Britain has been familiar with this practise of the 

 United States during that whole period of time, and has assented to 

 it. It is not now open to Great Britain, after an acquiescence ever 

 since the treaty of 1818, and unquestionably earlier than that it is 

 not open to it now to question that form of authorization. It has 

 been eminently satisfactory to them. 



DR. DRAGO: Is it not the only thing, under the treaty, for Great 

 Britain to ascertain that the fishermen are inhabitants of the United 

 States? Of course, according to your proposition, the best way of 

 ascertaining that is to get a personal fishing license given or other 

 voucher by the United States, and as the United States represent 

 the inhabitants of their country, you say that their Government have 

 the authority to give such licenses? 



MR. ELDER : That is it precisely. 



SIR CHARLES FITZPATRICK : Then to get back to my question again. 



Assuming a man is found fishing in Canadian waters, and he is not on 



a registered vessel, he is in an ordinary boat that is not regis- 



917 tered, not an American vessel, an ordinary boat that is not 



registered, the Newfoundland Government proceeds against 



him for fishing in Canadian waters, he produces his certificate of 



naturalization, he proves to the satisfaction of the Newfoundland 



Court that he is an inhabitant of the United States, has the Court 



of Newfoundland any right to say: But you must in addition have 



the certificate from your Government? 



Mr. ELDER : Most decidedly. 



SIR CHARLES FITZPATRICK: How can they do that? 



MR. ELDER: The Canadian Government is entitled to have the 

 certificate of the United States that this person or this vessel is 

 entitled to exercise the privileges accorded to the United States. 



SIR CHARLES FITZPATRICK: Let us leave the vessel out of the case. 

 Where do you find in the treaty any justification for that? So far 

 as Newfoundland is concerned they are bound by the treaty. 



MR. ELDER : Possibly, but when they open the treaty they find it is 

 made with the United States, that the United States is the contracting 

 party. 



