6o FISHERIES ARBITRATION AT THE HAGUE 



the subject of negotiation to secure agreement or regulation as 

 between Lord Granville and Mr. Blaine, following the year 1880. 

 And, it is obvious that the question — whether that applies or 

 how far it applies — depends upon what you say the rights of the 

 Americans are; and if you say, as Great Britain now says here, that 

 the rights of Americans are subject to the right of municipal legis- 

 lation by Newfoundland, then application by them to American 

 fishing-vessels is no interference and has no effect upon the rights 

 and privileges granted by treaty to the subjects of any state in 

 amity, and so on. 



Sir Charles Fitzpatrick: I did not quite understand it that 

 way. I was under the impression that the position taken by those 

 who represented Great Britain was that the Americans were subject 

 to the municipal laws of the Province of Newfoundland in so far 

 as these laws did not violate the treaty rights of the American. 

 That is what I have understood their position to be as stated here. 



Senator Root: But when they come to say what the treaty 

 rights of the Americans are, they say, and the whole British 

 argument here is based upon the proposition, that there is an 

 implied reservation of the right of municipal legislation. And, 

 if there is such an implied reservation, then the exercise of the 

 power of municipal regulation does not infringe upon American 

 rights. It is all there, as to the construction you give to the 

 treaty grant. 



I am arguing the very proposition that your Honor has 

 put. I am arguing that this treaty grant was a grant of a 

 definite and certain right, with a line drawn round it by the 

 terms of the treaty grant, so that this clause would except — 

 must be deemed to except — American vessels from the appli- 

 cation of such a statute. But, Great Britain says that there is 

 no such line, that the treaty grant is subject to the right of 

 municipal legislation, subject to the exercise of the sovereignty 

 of Great Britain, that there is an imphed reservation of the right 

 of municipal legislation, because that is British territory. And, 

 if that is so, then the line for which I am contending is wiped out, 

 and these rights are subject to this legislation, and this clause 

 does not save them. . . 



