AKGUMENT OF SAMUEL J. ELDER. 1551 



this: Newfoundland or Canada is entitled, when a vessel comes there 

 to exercise cither liberties or privileges, to know that she is a vessel 

 that is entitled to do so; and therefore she has a right to demand 

 reasonably and properly, at proper times and seasons, the exhibition 

 of that authorization in the form of her registry or license as it may 

 happen to be. That can be done in one of two ways. The vessel can 

 be required to go to a custom-house for the purpose of reporting 

 which, in effect, is showing its authorisation, or the police officer, the 

 cutter, may put out to her where she has shown herself and is fishing, 

 and ask to see her papers. One or the other of the two things consti- 

 tutes the way in which Newfoundland, or any country, can secure the 

 information to which it is entitled. But it is oftentimes a most 

 burdensome thing to a vessel to have to go up into a harbor when 

 she attempts to exercise a privilege. With the wind ahead she may 

 be a day in getting up to the custom-house ; and with the variability 

 of the winds up there, the wind may be ahead when she comes back 

 on her way to the fishing grounds, and in that way most valuable 

 time may be lost. 



I wish to submit that in the answer to this question there should be 

 the further restriction that the call at custom-house should not be 

 imperatively required, because the Government has its own means of 

 ascertaining all that it is entitled to ascertain. The vessel is usually 

 in sight for a good while. The supervision over a vessel is just the 

 same as the supervision over a citizen who happens to be travelling. 

 It amounts to requiring a vessel to change its voyage, and to lose pos- 

 sibly the best day of fishing, to imperatively require the vessel to go 



up into the harbor to the custom-house. 

 939 It is conceded in the argument throughout, on the other 



side, that there must be some qualifications in this decision. 

 For instance, Sir Robert Finlay, at p. 1359 of the record, admits that 

 the power ought to be reasonably exercised, ought not to be vexa- 

 tiously insisted upon, and that the matter of its being physically 

 possible for the vessel to report is one of those considerations. The 

 question whether there is any custom-house or not within reach is 

 another. It seems to us that the answer should be guarded, cer- 

 tainly in that particular, if a report at customs is thought necessary 

 at all. We say that under no circumstances ought an entry to be 

 required, and that no clearance should be required, and that the 

 report at customs at least should be guarded, supposing the Tribunal 

 to be against us at all. I do not waive, however, and do not think of 

 waiving, under Question 3, where the right of fishing in the bays 

 and harbors is given, the claim that Senator Turner advanced, and 

 which the United States advances, that that is an absolute right, that 

 it cannot be hampered in any way whatsoever, and that the Colony 

 of Newfoundland can protect itself perfectly by not requiring entry 

 92909 S. Doc. 870, 61-3, vol 10 42 



