1956 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



of the vessel which is owned and manned by Americans, just as those 

 British statutes which have been cited here so fully speak of vessel-; 

 receiving bounties and of vessels carrying on the fishery. Take I he 

 Act of 1775, British Case Appendix, p. 545 I hardly think it ig 

 worth while to look it up, for it is a perfectly simple thing, but I 

 will read from article 7 : 



" All vessels fitted and cleared out as fishing ships in pursuance of 

 this act "- 



That is, the Act 10 & 11 Wm. Ill, having reference to Newfound- 

 land 



"shall not be liable to any restraint or regulation with respect to 

 days or hours of working." 



There is the ordinary personification of a ship. The ve-sels shall 

 not be liable to any restraint or regulation. At p. 565 of the same 

 British Case Appendix you will see that the Act of 181!), passed to 

 put this treaty into effect, in the second article, provides 



" that if any such foreign ship, vessel or boat ; or any persons on 

 board thereof, shall be found fishing," &c. 



THE PRESIDENT : Does the term " inhabitants of the United States " 

 embrace persons who are not citizens of the United States; or does it 

 embrace also British subjects resident in the United States? Can a 

 British subject, resident in the United States, be, under the terms of 

 the treaty of 1818, an inhabitant of the United States? 



SENATOR ROOT: I should think so. Ideas were then quite vague 

 and indefinite about what was the connection between the givat body 

 of the people in the territory who made up the political organisation. 

 Indeed, there are still States, portions of the United States, in which 

 aliens have the right to vote. 



THE PRESIDENT : If a British subject resident in the United States 

 goes, under his treaty right as an inhabitant into British waters to 

 fish, would he be entitled also to the privileges which the inhabitants 

 of the United States have, and would he be exempt from British 

 fishery legislation? 



SENATOR ROOT: Mr. President, that opens a pretty wide field a 

 field upon which the Foreign Office of the Tinted States and the 

 Foreign Offices in most of the countries of Europe have been engaged 

 in discussion for a good part of a century, as to the extent to which 

 old allegiance may be thrown off and new taken on, and the effect of 

 that change upon the rights and powers of control of the country of 

 origin over the person. 



THE PRESIDENT: You mean the Bancroft treaties? 



SENATOR ROOT: Yes, and there have been a great many situations 

 of this kind which have arisen. The problem still remains to a cer- 

 tain extent in discussing the question of military service. It still 



