ARGUMENT OF SIR WILLIAM ROBSON. 1917 



question, and I have already pointed out, in dealing with the second 

 question how very illusive it is to substitute one word for another. 

 The rights are conferred upon individuals. You may speak of a 

 vessel, but what you mean is the owner or the master. The owner and 

 the master may have trading rights, and they may also think they have 

 fishing rights, and they may become fishermen if they please. But, 

 if they choose to become fishermen, by what right does any Tribunal 

 in the world say to Newfoundland : " You shall give trading rights to 

 those persons who have become fishermen." It is absolutely beyond 

 the jurisdiction of this Tribunal. 



SIR CHARLES FITZPATRICK : I suppose you cannot deny that an in- 

 habitant'of the United States, under the treaty of 1818, would have 

 the right to take fish if he were on a trading vessel ? 



SIR W. KOBSON : Certainly ; I have said so. 



SIR CHARLES FITZPATRICK : Therefore the difference you suggest is 

 that if he should exercise his treaty rights in that way the hovering 

 Acts would apply? 



SIR W. ROBSON : Yes. 



SIR CHARLES FITZPATRICK: If he does not exercise his right of 

 fishery under the treaty what is there to prevent him exercising his 

 commercial privileges ? 



SIR W. ROBSON : The legislation of Newfoundland. 



SIR CHARLES FITZPATRICK: On what ground? 



SIR W. ROBSON : The moment he begins to exercise his commercial 

 privileges 



SIR CHARLES FITZPATRICK : He has ceased to be a fisherman. 



SIR W. ROBSON : There is no treaty conferring trading rights be- 

 tween the United States and Great Britain. Where are trading 

 rights conferred on the inhabitants of the United States ? 



THE PRESIDENT. There is only the declaration of 1830. 



SIR W. ROBSON : That is all, and it may be altered to-morrow. 



SIR CHARLES FITZPATRICK : Still, if it is not altered ? 



SIR W. ROBSON : But this Tribunal would not assume to give judg- 

 ment upon municipal legislation. That is outside of the intention 

 or scope of this Tribunal. Any man on a trading vessel may fish, 

 if he likes, if he does it under the treaty of 1818, which is a treaty 

 for ever ; but the moment he does that he brings into peril his trading 

 rights which do not last more than twenty-four hours if Newfound- 

 land so pleases. That is the answer. Let any man try it on. Let 

 him have his cargo of tobacco on board when he stops in order to 

 get cod-fish. The statesmen of Newfoundland would be imbecile 

 to say: We are going to allow you trading rights under those con- 

 ditions. If you want to trade, trade like a man, and an honest man ; 

 go from one port to another port and sell your goods; do not 

 1160 proceed to linger on the way to get fish. If you want to get 



