1918 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



fish, come again like an honest fisherman, and catch your fish with- 

 out any brandy on board except what you may require for your 

 own personal sustentation. But it is suggested now that they are 

 entitled to undo entirely the effect of our refusal to sell them bait 

 in 1818 by saying : " The United States has given us a licence to 

 trade " as if we had anything to do with that " and that therefore 

 we are going to trade." 



THE PRESIDENT: Is the treaty of 1818 the only basis upon which 

 the award is to be given ? 



SIR W. ROBSON : I would submit that it is, but I am not really 

 concerned with that particular point. I submit that this is an in- 

 ternational Tribunal, and that its jurisdiction is strictly limited to 

 international questions, and that none others are put. But take that 

 against me, if need be, for the moment; it does not affect my argu- 

 ment at all. I say there is not the material given by the United 

 States to enable any judgment on municipal legislation to be given. 

 You have not the material. All this Tribunal is told is that there are 

 or may be agreements which confer trading rights on trading ves- 

 sels. In fact, there are no such agreements conferring any such 

 trading rights. There is an Order-in-Council, not an agreement; 

 and not only are there no agreements, but there is distinct legislation 

 on the part of Newfoundland, appearing in these documents, and 

 therefore brought to the knowledge of this Tribunal, forbidding the 

 sale of bait. What Mr. Elder is asking is that you should give an 

 answer to this question which the United States will be able, as he 

 himself admits, to use as a claim upon Newfoundland for the sale 

 of bait, and which will enable the United States to say: "We are 

 entitled to exercise our trading rights, whatever they may be; the 

 international Tribunal has said so, and therefore, we want bait." 

 How can this Tribunal give an answer ? 



SIR CHARLBS FITZPATRICK: Is it your contention that this ques- 

 tion must be construed absolutely in the light of the paragraph of 

 the treaty of 1818 which occurs on p. 1 of the Appendix that is to 

 say, in the light of article 1 of the convention ; that you cannot look 

 at anything else except article 1 ? 



SIR W. ROBSON : I have said that I do not mind whether you can 

 or not. My own view is that this is a purely international Tribunal, 

 and that its purview must be limited to international considerations ; 

 but pray do not take me as saying that my argument rests upon that. 

 It does not rest upon that; that is to say, it rests upon something 

 which is absolutely without dispute. You might dispute, for in- 

 stance, the jurisdiction of the Tribunal over these words, " or other- 

 wise." 



