ARGUMENT OF ELIHTJ ROOT. 2201 



SENATOR ROOT: Exactly; there would be no personal disqualifica- 

 tion, except the fact that he is not an inhabitant that being a quali- 

 fication arising or not arising under the treaty. 



SIR CHARLES FITZPATRICK: Under the treaty. 



SENATOR ROOT: And therefore something going to the employer's 

 right. 



We are all agreed that this is an industrial enterprise, I think. 

 There certainly cannot be any question about it, in view of that fun- 

 damental British statute of 1699 (British Case Appendix, p. 525), 

 which opens its provisions by reciting: 



" Whereas the trade of and fishing at Newfoundland is a beneficial 

 trade to this kingdom, not only in the employing great numbers of 

 seamen and ships, and exporting and consuming great quantities of 

 provisions and manufactures of this realm, whereby many tradesmen 

 and poor artificers are kept at work, but also in bringing into this 

 nation, by returns of the effects of the said fishery from other coun- 

 tries, great quantities of wine, oil, plate, iron, wool, and sundry other 

 useful commodities, to the increase of His Majesty's revenue, and the 

 encouragement of trade and navigation ; Be it enacted by the King's 

 most excellent Majesty, by and with the advice and consent of the 

 Lords spiritual and temporal, and Commons, in this present Parlia- 

 ment assembled, and by the authority of the same, That from hence- 

 forth it shall and may be lawful for all His Majesty's subjects resid- 

 ing within this his realm of England, or the dominions thereunto be- 

 longing, trading or that shall trade to Newfoundland, and the seas, 

 rivers, likes, creeks, harbours in or about Newfoundland, or any of 

 the islands adjoining or adjacent thereunto, to have, use, and enjoy the 

 free trade and traffic, and art of merchandise and fishery, to and from 

 Newfoundland," &c. 



There is an industrial enterprise vastly important to the country, 

 to the nation, which is authorising its subjects to engage in it. 



In the second place, it appears beyond dispute that it was the uni- 

 versal custom to employ aliens as well as citizens of the country in 

 which the vessel was owned in such enterprises. That cannot well be 

 disputed, in view of the other British statutes which are here. For 

 example, the British statute of 1663, which is in the British Counter- 

 Case, Appendix, at p. 213, and which provides, in article 16 : 



"And for the Encouragement of the Herring and North-Sea Island, 

 and Westmoney Fisheries, (2) be it enacted, and it is hereby en- 

 acted by the Authority aforesaid, That from and after the 

 1331 first Day of August which shall be in the Year of our Lord 

 one thousand six hundred sixty and four, no Fresh Herring, 

 Fresh Cod or Haddock, Coal-fish or Gull-fish, shall be imported into 

 England, Wales, or the Town of Berwick, but in English-built Ships 

 or Vessels, or in Ships or Vessels bond-fide belonging to England, 

 Wales, or the Town of Berwick, and having such Certificate thereof 

 as is abovesaid, and whereof the Master and three Fourths at the least 

 of the Mariners are English, and which hath been fished, caught and 

 taken in such Ships or Vessels." 



92909 S. Doc. 870, 61-3, vol 11 40 



