ARGUMENT OF SAMUEL, j. ELDER. 1589 



MR. ELDER : I should think so. Of course, under the fishing part 

 of its register, under the fishing part of its authorization, we do not 

 contend that the right of purchase exists; but under the authoriza- 

 tion to trade we do. I hardly need point out that this question relates 

 solely to the treaty coast, it has nothing to do with the non-treaty 

 coast, where there is only the right of entry, and some things like that, 

 but it refers solely to the treaty coast, and as I say, it refers in no way 

 whatever to the Newfoundland statute or prohibitions of any kind. 

 Of course we have no right or power to compel Newfoundland to 

 trade with us, but the question is 



SIR CHARLES FITZPATRICK : If you were up there in the exercise of 

 your commercial privileges, and they refused to trade, you know what 

 the result would be ? I think you hav.e quite a lever there. 



MR. ELDER : If it came to the point of non-intercourse, and severe 

 treatment of that kind, I assume the United States would have to 

 take such a just and moderate course as it might be advisable to take. 



That is our view of the meaning of this question, and, palpably, it 

 is an important question to us. Great Britain's contention runs 

 counter, as you will see, to the practise of the United States for a 

 great many years, of issuing registry which carries the right both to 

 fish and to trade, giving both powers; and I do not know whether a 

 vessel under the registry would have to have its registration changed 

 if it was going to a treaty coast as the result of this or not. The 

 practical side of it, of course, is whether we can be prevented under 

 the treaty of 1818 from exercising the right of trade. 



We submit that it is in the highest degree reasonable, and not in 

 conflict at all with the spirit or intention of this treaty of 1818, to 

 allow trading by a vessel which is also a fishing-vessel. There is no 

 reason in the order of things in 1818, or now, why a vessel should not 

 (the illustration which I have just used), carry a cargo of goods, down 

 to Newfoundland, enter them and pay customs, and sell them and 

 land, and immediately proceed to fish or take its cargo by buying and 

 take it back to the United States. It is in the order of things that 

 that should be so. The order of conserving time and force, and 

 everything of that description. 



SIR CHARLES FITZPATRICK: But that is barter and trade. But, 

 when you go up there in the exercise of your treaty right, on your 

 construction of the treaty, you are in American waters, to all intents 

 and purposes? 



MR. ELDER : I do not see how that would prevent our trading, if we 

 were in American waters? 



SIR CHARLES FITZPATRICK: Is your situation under those circum- 

 stances the same as if you were there merely in the exercise of your 

 commercial privileges ? 



MR. ELDER : I do not think I quite follow your Honour. 



