ARGUMENT OF ELIHU ROOT. 2083 



of His Majesty's Privy Council, in pursuance of the powers vested 

 in His Majesty by the said Act, that the Governor of Newfoundland 

 do give notice to all His Majesty's subjects being in or resorting to 

 the said ports that they are not to interrupt in any manner the 

 aforesaid fishery so as aforesaid allowed to be carried on by the 

 inhabitants of the said United States in common with His Majesty's 

 subjects on the said coasts, within the limits assigned to them by 

 the said Treaty ; and that the Governor of Newfoundland do conform 

 himself to the said Treaty, and to such instructions as he shall from 

 time to time receive thereon in conformity to the said Treaty." 



That, as the Tribunal will see, contemplates no regulation of the 

 exercise of this right by the inhabitants of the United States. 



The next step was the letter from Lord Bathurst communicating 

 this Order-in-Council to the Governor of Newfoundland. That is 

 in the British Case Appendix, p. 99, dated the 21st June, 1819, and 

 says he encloses a copy of the Act, and that the inhabitants of the 

 United States will undoubtedly proceed without delay to exercise 

 the privilege granted to them under that Convention, and proceeds : 



" His Royal Highness has commanded me to call your special 

 attention to some points upon which it is probable that in regulating 

 your conduct under the convention you may desire to receive in- 

 structions. 



" You will in the first place observe that the privilege granted to 

 the citizens of the United States is one purely of fishery and of dry- 

 ing and curing fish within the limits severally specified in the 

 convention. It is the pleasure of His Royal Highness that this 

 privilege as limited by the convention should be fully and freely 

 enjoyed by them without any hindrance or interference." 



Then he goes on to say : 



" But you will at the same time remark that all attempts to carry 

 on trade or to introduce articles for sale or barter into His Majesty s 

 possessions under the pretence of exercising the rights conferred by 

 the convention is in every respect at variance with its stipulations. 

 You will therefore promulgate as publicly as possible the nature of 

 the indulgence which you are under the convention instructed to 

 allow to them, and in case any of the inhabitants of the United States 

 should be found attempting to carry on a trade not authorized by 

 the convention you will in the first instance warn them " 

 and then take legal proceedings. 



The Tribunal will see that that indicates no idea on the part of 

 Great Britain at that time that there was to be any limitation, modi- 

 fication, supervision or regulation of our right; but that that was to 

 be fully and freely enjoyed without any hindrance or interference. 



And so the matter went on, with no act whatever in contravention 

 of this letter of Lord Bathurst transmitting the Order-in-Council, 

 without any attempt at interfering with the exercise of the fishing 

 liberty by the inhabitants of the United States in their discretion 

 or in the discretion of the United States, at such times and in such 



