ARGUMENT OF MR. ROOT 59 



within one mile measured by the shore or across the water of any settlement 

 situate between Cape Chapeau Rouge and Point Enragee." 



That bars the Americans from the convenient and approximate 

 treaty coast entirely, but it leaves the great body of Newfoimdland 

 open, where the Americans cannot go — open to the taking of bait 

 for the purposes of sale. 



Sm Charles Fitzpatrick: Is what you say now affected at all 

 by section 28 which is found at the foot of p. 178 ? 



Senator Root: That depends upon the meaning and force 

 which they give to that clause. 



As I have already said, it is quite clear from the other evidence 

 in the case, when the original Act of 1862 was passed, I do not 

 think they had any idea of its applying to Americans, but there did 

 come a time when that view changed. 



Lord Salisbury in his correspondence with Mr. Evarts regarding 

 the Fortune Bay affair took the view that these statutes did apply 

 to Americans, and while he abandoned the view that statutes 

 passed after the treaty of 187 1 applied under that treaty, he still 

 maintained that statutes passed before the treaty did apply to 

 rights under the treaty; and when they went a step farther, and 

 Lord Granville wrote his letter of 1880, he took the position that 

 the statutes of Newfoundland generally applied, and I do not 

 know whether when they passed this law they thought that this 

 saving clause did apply to Americans or did not apply. 



Sir Charles Fitzpatrick: Would that not appear fairly 

 obvious? If that section is to have any effect whatever, it must 

 apply to the treaty rights of the Americans. 



Senator Root: That it must? 



Sir Charles Fitzpatrick: Yes, section 28; does it not say: 



"Nothing in this chapter shall affect the rights and privileges granted by 

 treaty to the subjects of any state or power in amity with Her Majesty" ? 



Senator Root: Well, that clause is in all these statutes. That 

 clause is in the statutes which the British are here claiming to 

 ^•Pply to Americans. It is in the statute which Lord Granville 

 asserted to apply to Americans. It is in the statutes which were 



