334 FISHERIES ARBITRATION AT THE HAGUE 



Sir Charles Fitzpatrick: They are Newfoundlanders. New- 

 foundlanders are British subjects. 



Senator Root : Newfoundlanders are British subjects, but — 



Judge Gray: But all British subjects are not Newfoundlanders. 



Senator Root: No. You will see this first reference is a refer- 

 ence to the violations of the statute prohibiting Newfoundlanders 

 to leave the jurisdiction for the purpose of engaging in fishing. 

 These fishermen were dependent upon the prosecution of this 

 American fishing enterprise for their liveKhood; and they were 

 cut off from engaging, within the territorial jurisdiction, in common 

 with everybody else in the world; and accordingly they rowed out, 

 by the hundreds, in boats, across the 3-mile limit, to engage with 

 the American fishermen outside of the jurisdiction. Then this 

 statute is put in, penalizing their going out for the purpose of making 

 that engagement. That is what this refers to. And the second 

 reference — 



Sir Charles Fitzpatrick: So that, in your construction, in 

 that letter it is asked that the Foreign Fishing Vessels Act should 

 be suspended for the protection of Newfoundlanders, and not for 

 the protection of American fishermen. 



Senator Root: It is to be suspended, certainly, for the advan- 

 tage of American fishermen. It was to relieve American fishermen 

 from the very great disadvantage which was imposed upon them by 

 the fact that the men whom they wanted to employ would be 

 punished if they accepted employment within the jurisdiction of 

 their country, and would be punished if they left the country for 

 the purpose of accepting such employment. 



The President: Was it understood, Mr. Root, by both parties, 

 that Question 2, as it is now framed, excluded the consideration of 

 the right of Americans to employ Newfoundlanders in their fishing 

 industry, and of the right of Newfoundland to prohibit Newfound- 

 landers to enter that service ? 



Senator Root: I would not say so. I think the understand- 

 ing of the question — I am a little embarrassed in answering this. 



