ARGUMENT OF ELIHU ROOT. 2063 



t 



their exclusive river fishing, or to say that for common benefit the 

 exercise of the American liberty shall be limited and restricted thus 

 and so ; but following the proposal that was in Lord Bathurst's letter 

 that formed the basis for the negotiations accepted by Mr. Adams 

 and ratified by the formal action of the American Government, they 

 proceed to propose a joint regulation upon that question. They 

 further propose a joint regulation with regard to smuggling very 

 stringent in its character. 



JUDGE GRAY: I was looking for the joint regulation to which you 

 are referring the proposal for joint regulation. 



SENATOR ROOT: The one to which I have been referring? 



JUDGE GRAY: Yes. 



SENATOR ROOT: That is on p. 312, in article A, the second para- 

 graph of article A, the article as proposed by the British negotiators. 



THE PRESIDENT (reading) : "And it is further agreed that nothing 

 contained in this article " 



SIR CHARLES FITZPATRICK: The last part of it: "And it is agreed 

 on the part of the United States that the fishermen of the United 

 States," &c. 



THE PRESIDENT: Yes. 



" and it is agreed on the part of the fishermen of the United States 

 resorting to the mouth of such rivers, shall not obstruct the naviga- 

 tion thereof." 



SIR CHARLES FITZPATRICK (reading) : 



" Nor wilfully injure nor destroy the fish within the same," &c. 



THE PRESIDENT: Is that a joint regulation? 



JUDGE GRAY : Yes ; in the treaty itself. 



SENATOR ROOT: Yes. 



JUDGE GRAY: It is a provision in the treaty itself for a regulation. 



SENATOR ROOT: Yes; it is putting a regulation into the treaty. 



SIR CHARLES FITZPATRICK: It is putting an obligation on the 

 United States to impose certain restrictions on its citizens. That is 

 what it is. 



SENATOR ROOT: Putting an obligation on the United States to 

 impose certain restrictions? 



SIR CHARLES FITZPATRICK: Yes; putting an obligation on its own 

 citizens. That is what it is. 



SENATOR ROOT : Yes ; I quite agree to that proposition. 



JUDGE GRAY : That is a regulation. 



SIR CHARLES FITZPATRICK: Yes. 



SENATOR ROOT: Then in the last paragraph of this article A, on 

 p. 313 of the United States Case Appendix, is another regulation : 



"And in order the more effectually to guard against smuggling, it 

 shall not be lawful for the vessels of the United States engaged in the 



