2018 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



when and as she chooses, but where and when and as Great Britain 

 chooses. That is repugnant to the idea of equal common rights held 

 by equal, independent States. 



It is to be remembered that there are no limitations imposed upon 

 the subjects of Great Britain by any superior power. The right of 

 Great Britain is as ample and full to-day, after all these statutes, 

 and notwithstanding these statutes, as it was the day after this treaty 

 was made, when there were no regulations, no statutes whatever, 

 affecting the fishing upon this treaty coast. The people of Great 

 Britain, called subjects, who may exercise Great Britain's right, are 

 not different from the law-making power of Great Britain. The 

 laws are made by the Commons of England, the Parliament. They 

 are stated, in theoretical form, as though made by the King, the tra- 

 ditional form coming down from great antiquity when Kings were 

 supposed to hold by divine right the power to impose laws upon the 

 people. But that is no longer the fact, and it was not when this 

 treaty was made. If there be a statute passed by Parliament, or by 

 any agency authorised by Parliament, such as a Colonial Legislature 

 or a Fish Commission, to the effect that herring shall not be taken 

 between October and April in a particular place, that does not affect 

 the right of the people of Great Britain in any degree whatever. It 

 is merely that they, of their own will, impose upon each individual 

 member of that organized society this limitation upon the exercise of 

 the right. They may repeal, it to-morrow. There is still the right. 

 The people of Great Britain may determine to exercise their right or 

 not to exercise it to exercise it in one way or another. It does not 

 affect their right, and it does not affect our right. We may determine 

 that we will not exercise our right; the United States may forbid its 

 citizens to take fish on the coast of Newfoundland in October or May, 

 or to take fish on Sunday or on Monday ; that is voluntary ; it has no 

 effect and can have no effect upon the national right. The right 

 persists, and the voluntary abstention, the self-denying ordinance, has 

 no effect whatever upon the right of Great Britain and its subjects 

 to take fish wherever they choose, how they choose, and however they 

 choose upon the treaty coasts. It is no concern of ours, and it has 

 no effect on our right, and affords no measure of our right whether 

 they choose to take or not to take. 



Sot CHARLES FITZPATRICK: Do you read the grant as conveying to 

 the United States a right in the fish before they are taken ? 



SENATOR ROOT : I should hardly think so. 



SIR CHARLES FITZPATRICK: It is a right to reduce the fish into 



possession ? 

 1222 SENATOR ROOT: Yes. I think so. 



SIR CHARLES FITZPATRICK : Until such fish are taken from 

 the water they are the property of the territorial sovereign ? 



