ARGUMENT OF KLIHT7 ROOT. 2137 



United States, passed on the 15th March, 1862, and presented in the 

 British Case Appendix, at p. 787, authorising the appointment by 

 the President of a representative of the United States to take part in 

 a joint commission with France and Great Britain for the regulation 

 of the fisheries. I think that it probably referred to the outside 

 bank fisheries, but my purpose in referring to it now is to show the 

 spirit and the ease with which such a matter can be arranged if people 

 know what their rights are. The practical adaptation is compara- 

 tively simple. The Chamberlain-Bayard treaty of 1888 contains a 

 series of agreed regulations regarding the enforcement of Canadian 

 laws and regulations for the preservation of their fishery. That 

 treaty failed of confirmation not because of these features at all, but 

 because of other features, and the treaty illustrates how easy it is 

 for two friendly nations, who are familiar with the case and adopt 

 a moderate attitude with respect to international intercourse, to get 

 on with each other, make modalities, and agree upon the best way 

 for the industry to be profitably pursued, provided that they are 

 allowed to. 



A very good illustration of what I am now saying is to be found in 

 the history of the so-called modus of 1888. Somebody spoke of it 

 here the other day as being still in force in Canada. Well, it was 

 an informal agreement dealing with a lot of these subjects 

 1292 that we are agonising about here, binding for only two years. 

 Twenty years ago its binding force ended. The two countries 

 have gone on under it ever since because common sense ruled them, 

 and under it each country finds that its interests are better served by 

 the friendly intercourse that it provides than they would be by break- 

 ing up again and going to quarrelling. The debates upon it in the 

 Canadian Parliament active and exciting debates have developed 

 argument as to whether it should continue, but the common sense 

 of Canada has prevailed. Canada has become a nation with a sense 

 of national responsibility, of a national future, and of the value and 

 importance of commercial relations, and it is her own will that she 

 continues this, and she is not concerned by any narrow and limited 

 view of the people of a particular locality. 



SIR CHARLES FITZPATRICK : And it is practically not her only in- 

 dustry. 



SENATOR ROOT : Well, it is not ; that is true. It is not practically 

 her only industry, and that makes it easier for her. The same thing 

 is illustrated by the way in which we have got on under the modus 

 vivendi of 1906 and the modus of 1907 regarding this same New- 

 foundland matter. Sir Edward Grey, the American Secretary of 

 State, the American Ambassador to Great Britain, the British Am- 

 bassador to Washington none of them had any trouble about it ex- 

 cept that Newfoundland screamed loudly over Great Britain under- 

 92909 S. Doc. 870, 61-3, vol 11 36 



