ARGUMENT OF ELJHU EOOT. 2199 



SENATOR ROOT: That Newfoundlanders shall not? 



SIR CHARLES FITZPATRICK: Yes; that British subjects shall not. 



SENATOR ROOT: Oh! British subjects. 



SIR CHARLES FITZPATRICK: They are Newfoundlanders. New- 

 foundlanders are British subjects. 



SENATOR ROOT: Newfoundlanders are British subjects, but 



JUDGE GRAY: But all British subjects are not Newfoundlanders. 



SENATOR ROOT : No. You will see this first reference is a reference 

 to the violations of the statute prohibiting Newfoundlanders to leave 

 the jurisdiction for the purpose of engaging in fishing. These fish- 

 ermen were dependent upon the prosecution of this American fishing 

 enterprise for their livelihood ; and they were cut off from engaging, 

 within the territorial jurisdiction, in common with everybody else 

 in the world; and accordingly they rowed out, by the hundreds, in 

 boats, across the 3-mile limit, to engage with the American fishermen 

 outside of the jurisdiction. Then this statute is put in, penalising 

 their going out for the purpose of making that engagement. That is 

 what this refers to. And the second reference 



SIR CHARLES FITZPATRICK: So that, in your construction, in that 

 letter it is asked that the Foreign Fishing Vessels Act should be 

 suspended for the protection of Newfoundlanders, and not for the 

 protection of American fishermen. 



SENATOR ROOT : It is to be suspended, certainly, for the advantage 

 of American fishermen. It was to relieve American fishermen from 

 the very great disadvantage which was imposed upon them by the 

 fact that the men whom they wanted to employ would be punished 

 if they accepted employment within the jurisdiction of their country, 

 and would be punished if they left the country for the purpose of 

 accepting such employment. 



THE PRESIDENT: Was it understood, Mr. Root, by both parties, 

 that Question 2, as it is now framed, excluded the consideration of 

 the right of Americans to employ Newfoundlanders in their fishing 

 industry, and of the right of Newfoundland to prohibit Newfound- 

 landers to enter that service? 



SENATOR ROOT : I would not say so. I think the understanding of 

 the question I am a little embarrassed in answering this, because I 

 cannot answer it as counsel. My own past relation to it is such that 

 I, perhaps, ought to have Mr. Bryce here to join with me in answering 

 it ; but I will go so far as this : That I do not think it entered into 

 the mind of anyone that the answer to this question disposed of any 

 question relating to the acceptance of employment by Newfound- 

 landers or by British subjects, or by people of any other nation 

 dependent upon the statute of any other countries; that it related 

 solely to the competency of the American making his side of the 

 contract under the treaty. 



