AEGUMENT OF SAMUEL, J. ELDEB. 1517 



JUDGE GRAY : Is the grantee of the liberty, so to speak. 



MR. ELDER : Precisely. It is the grantee of the liberty, and until 

 that grantee has given its authorization to the use of the liberty, the 

 liberty cannot be exercised. 



THE PRESIDENT: But has not the United States acquired by the 

 treaty the right for all its inhabitants to fish, and would it not be 

 shortening the purport of the treaty if not all the inhabitants had 

 the right, but only those who were licensed by the Government of the 

 United States? Would it not be shortening the purport of the 

 treaty ? 



MR. ELDER : I think not shortening it in any improper way. It is 

 not depriving any inhabitant of the United States of the oppor- 

 tunity to take fish in those waters, because he can in the simplest 

 possible form get that authorization to do so. 



JUDGE GRAY : The United States could repeal the treaty to-morrow, 

 and the repeal would be binding upon its own inhabitants. The 

 Congress of the United States could repeal the treaty to-morrow, 

 and that would be binding upon its own inhabitants. That is the 

 line of your argument? 



MR. ELDER: Precisely. 



DR. DRAGO: A treaty of commerce entered into by the United 

 States with another nation which gave to its citizens or inhabitants 

 the right to go and exercise trade is more or less in the same position. 

 Would it be necessary for those tradesmen, to get a license from the 

 United States to do business in the foreign country ? 



MR. ELDER: I am very glad of the illustration, because it is a 

 matter of common knowledge, that where we have treaties, or where 

 any country has treaties by which its citizens are entitled to go in 

 their own ship to another port and to trade, it is the ownership of 

 the ship, it is the head of the enterprise that is considered; it has 

 never been dreamt of that the exercise of that privilege could be only 

 by a ship, all of the sailors in which, or on which, were citizens of 

 the country receiving the privilege. 



DR. DRAGO: But I was not referring to vessels; I was referring 

 to citizens of the United States going to a foreign country to carry 

 on an industry or a trade under a privilege given by a treaty entered 

 into by the United States. Would it be necessary for those people 

 to get a license from their Government in order to exercise their in- 



O 



dustry or trade in that foreign country ? 



MR. ELDER: Would they not be sure to carry a passport of the 

 United States? 



DR. DRAGO: In the case of fishermen carrying a passport or a 

 document of identification to the effect that they are really inhab- 

 itants of the United States, would they not be entitled to fish in the 

 waters, according to the treaty provisions ? 



