ARGUMENT OF MR. ROOT 333 



intention to submit that aspect of the question, that is to say, the 

 aspect with reference to the engagement of Newfoundland fisher- 

 men, to this Tribunal ? 



Senator Root: Yes. 



Sir Charles Fitzpatrick: May I ask you, in the light of that 

 statement, to refer to Mr. Whitelaw Reid's letter, on p. 506 of 

 the British Appendix, with respect to the modus vivendi, second 

 paragraph: 



"My government understand by this that the use of purse seines by 

 American fishermen is not to be interfered with, and the shipment of New- 

 foundlanders by American fishermen outside the three-mile Hmit is not to 

 be made the basis of interference or to be penalized." 



Then, again, on p. 509, in a letter of the 12th July, 1907, he 

 says: 



"Without dwelling on minor points, on which we would certainly make 

 every eflEort to meet your views, I may briefly say that in our opinion, sus- 

 tained by the observations of those best qualified to judge, the surrender of 

 the right to hire local fishermen, who eagerly seek to have us employ them, 

 and the surrender at the same time of the use of purse seines and of fishing 

 on Sunday would, under existing circumstances, render the Treaty stipulation 

 worthless to us." 



Do you think that these paragraphs have any bearing upon 

 your submission? 



Senator Root: I think they are very relevant indeed. They 

 relate, however, to this statute to which I have referred, which 

 forbade Newfoundlanders to go out of the jurisdiction for the 

 purpose of engaging — 



Sir Charles Fitzpatrick: I do not think my reference is quite 

 sufficiently completed, perhaps. 



The first letter of the 6th October, 1906, refers to the Foreign 

 Fishing Vessels Act, 1906, which contains the provision that New- 

 foundlanders shall not fish in or from an American fishing-boat. 



Senator Root: That Newfoundlanders shall not? 



Sir Charles Fitzpatrick: Yes; that British subjects shall not. 



Senator Root: Oh! British subjects. 



