ARGUMENT OF MR. ROOT 205 



inquiry, and the fullest consideration, and that the inquiry has 

 now been completed. So this is a very deliberate, matured, and 

 fully considered communication. 



Over on p. 684, at the top of the page, he says: 



"Such being the facts, the following two questions arise: 

 "1. Have United States fishermen the right to use the strand for pur- 

 poses of actual fishing ? 



"2. Have they the right to take herrings with a seine at the season of 

 the year in question, or to use a seine at any season of the year for the purpose 

 of barring herrings on the coast of Newfoundland ? " 



And he proceeds to answer both questions in the negative. 

 The first question he answers in the negative upon an examination 

 of the nature of the right conferred by the treaty of 18 18 and the 

 Treaty of Washington. And he describes the right. He says, at 

 the beginning of the paragraph in the middle of p. 684 : 



"Articles XVIH and XXXII of the Treaty of Washington superadded 

 to the above-mentioned privileges'' — 



that is, the privileges which he had just recited from the treaty 

 of 1818 — 



"the right for United States fishermen to take fish of every kind (with 

 certain exceptions not relevant to the present case) on all portions of the 

 coast," etc. 



Then he says: 



"Thus, whilst absolute freedom in the matter of fishing in territorial waters 

 is granted, the right to use the shore for four specified purposes alone is men- 

 tioned in the treaty articles, from which United States fishermen derive their 

 privileges, namely, to purchase wood, to obtain water, to dry nets, and cure 

 fish. 



"The citizens of the United States are thus by clear implication abso- 

 lutely precluded from the use of the shore in the direct act of catching 

 fish." , 



The tribunal will observe that, examining the treaty of 1818 

 and the treaty of 1871, he declares that absolute freedom in the 

 matter of fishing in territorial waters is granted, and the right to use 

 the shore for only specified purposes, and not in general. He finds, 

 as a matter of fact, that the American fishermen went on shore; 

 and therefore, he says, they were exceeding their treaty right. 



