2p8 FISHERIES ARBITRATION AT THE HAGUE 



towards another, it appears here in this record; and we are none 

 of us at liberty to ignore it or to make a decision against it. ' 



The President: Will you kindly continue, Mr. Senator 

 Root? 2 



Senator Root: There have been some transactions mentioned 

 by counsel for Great Britain as constituting admissions on the part 

 of the United States to the contrary view which has been maintained 

 by Great Britain; that is, admissions on the part of the United 

 States that there was a right, under the first article of the treaty 

 of 1&18, for Great Britain to Hmit and control the exercise of the 

 Kberty by municipal legislation. 



Upon examination those alleged admissions disappear entirely. 

 I have already given an account of the Marcy circular for another 

 purpose, sufficiently, I think, to show that the general proposition 

 I have just made appUes to that. 



It is apparent, if the Tribunal will recall the circumstances, that 

 there was nothing to the Marcy circular transaction except this: 

 that when the provisions of the temporary and reciprocal treaty of 

 1854 were about to be put into effect, the Governor of New Bruns- 

 wick suggested to the British Minister, and he to Mr. Marcy, the 

 American Secretary of State, that the American fishermen would 

 naturally be bound by the statutes which existed in New Brunswick. 

 The statutes already existing in New Brunswick provided, he said, 

 nothing inconsistent with the full exercise of the treaty right. Mr. 

 Marcy looked at the statutes and found that they were statutes 

 which were, in fact, beneficial to both, and he approved them, and 

 sent out his circular, in which he enjoined upon the American fisher- 

 men observance of them. And in the circular, by common arrange- 

 ment, he put the duty of observing the laws just as strongly as he 

 could, to prevent the fishermen frorn being recalcitrant and taking 

 matters into their own hands. 



iThereupon, at 4.15 o'clock p.m., the Tribunal adjourned until to-morrow, 

 August Qth, 1910, at 10 o'clock a.m. 



^Tuesday, August 9, 1910. The Tribunal met at 10 o'clock a.m. 



