i68 FISHERIES ARBITRATION AT THE HAGUE 



carry river protection into the bays or harbors to which the Ameri- 

 cans may come. They do not rely upon any power of any British 

 legislative body to draw the Kne between the river and the bay, to 

 draw the Hne where they may go with their protection of their 

 exclusive river fishing, or to say that for common benefit the exercise 

 of the American liberty shall be limited and restricted thus and so; 

 but following the proposal that was in Lord Bathurst's letter that 

 formed the basis for the negotiations accepted by Mr. Adams and 

 ratified by the formal action of the Araerican Government, they 

 proceed to propose a joint regulation upon that question. They 

 further propose a joint regulation with regard to smuggling — very 

 stringent in its character. 



Judge Geay: I was looking for the joint regidation to which 

 you are referring — the jiroposal for joint regulation. 



Senator Root: The one to which I have been referring? 



Jtjdge Gray: Yes. 



Senator Root: That is on p. 312, in Article A, the second para- 

 graph of Article A, the article as proposed by the British negotiators. 



The President (reading) : "And it is further agreed that noth- 

 ing contained in this article" — 



Sir Charles Fitzpatrick: The last part of it: "And it is 

 agreed on the part of the United States that the fishermen of the 

 United States," etc. 



The President: Yes. 



"and it is agreed ofe the part of the fishermen of the United States resorting 

 to the mouth of such rivers, shall not obstruct the navigation thereof." , 



Sm Charles Fitzpatrick (reading) : 



"Nor willfully injure nor destroy the fish within the same," etc. 



The President: Is that a joint regulation? 



Judge Gray: Yes; in the treaty itself. 



Senator Root: Yes. 



Judge Gray : It is a provision in the treaty itself for a regulation. 



