1768 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



In the case of the United States, it must give this fishing right to its 

 inhabitants. In the case of other foreigners, it may refuse them any 

 rights, or give them some. It may say : " You may be employed on 

 our pastures, and in our mines, and in our forests, but you shall not 

 be employed in our fisheries." It may say that, and there are many 

 reasons which might make that sound legislation; because the fish- 

 eries are fully manned; they do not want competition. What they 

 are thinking about is keeping up the rate of wages. But the indus- 

 tries of the interior are undermanned. There they might want to 

 let foreigners in. They must be left with uncontrolled discretion. 

 It is impossible for this Tribunal to say how Newfoundland is to 

 legislate in regard to foreigners, or in regard to its own citizens. 

 It would be beyond the province of this Tribunal, and might produce, 

 if any attempt were made to do it, by qualifications or provisos, the 

 greatest difficulties. Its sovereign rights must be left unrestricted ; 

 and, above all, if there is to be any restriction upon them, it is not 

 to come from the inhabitants of the United States ; it is to come from 

 whatever restrictions the people of Newfoundland themselves think 

 proper in the circumstances with which they are familiar. 



Now, Sirs, I pass to Questions 3 and 4 ; and, as I have already said, 

 I am sorry to have been so long over Questions 1 and 2, and I shall 

 try to be shorter in considering Questions 3 and 4. I think I may be 

 shorter, because I can avoid, if the Tribunal think proper, the exami- 

 nation of statutes and documents, by stating generally what I u- > 

 (hem for, and handing in a schedule or list of those to which I refer, 

 with the references to the Appendix, giving, of course, a copy to the 

 other side, and some short statement of what the effect is of each 

 clause that I mention; because, after all, I am not construing the.-e 

 statutes; I am only dealing with them in the most general way, and 

 there is no occasion to go through them with any minuteness. 



Questions 3 and 4 relate to customs regulations, and to light due-. 

 One may take the two questions together. They both refer to the 

 same thing; but Question 3 is applicable to the treaty coasts, and 

 Question 4 to the non-treaty coast-. 



"Question 3. Can the exercise by the inhabitants of the United 

 States of the liberties referred to in the said article be subjected, 

 without the consent of the United States, to the requirements of entry 

 or report at custom-houses or the payment of light or harbour or 

 other dues " 



That relates, as will be seen, to the treaty coasts ; and then Question 

 4 is practically the same question, with relation to the non-treaty 



coasts. 



1070 First I think it will perhaps be convenient to deal generally 

 with both questions, for a few observations, and then, after 

 that, to point out the regulations and statutes affecting them apart. 



