ARGUMENT OF MR. ROOT 75 



But, therefore, one might conclude that, also under the treaty of 

 1854 and 187 1, American fishermen were exempted from the British 

 regulations. 



Senator Root: I think they were; but not on this ground. 



The Peesident: Not on this ground, because these treaties 

 were not perpetual? 



Senator Root: Precisely. 



The Preshjent: And were not unilateral? 



Senator Root: Precisely. 



I have said something about s}anpathy with the Newfoundland 

 fishermen. Of course one cannot help it. This is a burden. But 

 there is a right way and there is a wrong way to get rid of a burden. 

 The right way is to do as Great Britain did with France — make 

 a new agreement with her, and to the extent that the burden is 

 relieve'd by cutting down the right that was burdensome, to make 

 compensation for it, as she did in 1904. The wrong way is to do 

 what is being done here, to whittle away, wear away, fritter away 

 the right so that it is worthless, and it will no longer be profitable 

 to maintain it as a burden. 



Let me call attention to the fact that when fishermen are let 

 alone, they settle the difficulty. They have settled it whenever 

 they were left to themselves. It is no necessary burden upon New- 

 foundland, because when the fishermen were left alone they 

 settled it by — what? By substituting for the treaty burden a 

 profitable trade for themselves. And everything went merrily 

 as a marriage bell until the government of Newfoundland under- 

 took to close down, with its purpose to use the trading right in 

 order to affect our fiscal policy. And when we came to the modus 

 Vivendi of 1906, Great Britain and the United States agreed upon it, 

 and on the suggestion coming from fishermen, we put into the 

 modus, or letter, or instrument containing it a clause that other 

 arrangements might be made on the coast — I do not remember 

 the exact words; but there was that permission, that the local 

 people might adjust matters; and they did; they substituted a 

 modus of their own for ours, and it went on. If they can only be 



