336 FISHERIES ARBITRATION AT THE HAGUE 



or not, amounted to a foreclosing of them from the profitable exer- 

 cise of that industry. But that does not import into this Question 

 2 any questions regarding any of the obstacles that had been intro- 

 duced to prevent local fishermen from engaging with us. 



As to that part of the question which both sides agree is here: 

 Whether it is competent under the treaty for an American prosecu- 

 ting this fishing enterprise to employ and send to the watei"s of the 

 treaty coasts as- parts of the fishing crew persons who are not inhabi- 

 tants of the United States; and la)dng entirely aside, not under- 

 taking to consider, whether the persons are unwilhng or unable to 

 accept the employment, but assuming a wilhng and a competent 

 contractor on the other side, is the American owner of the fishing 

 enterprise competent under the treaty to make the contract on 

 his side? 



Sir Charles Fitzpatrick: Perhaps you will allow me to say 

 there would be no personal disqualification, except the fact that 

 he is not an inhabitant. 



Senator Root: Exactly; there would be no personal disquali- 

 fication, except the fact that he is not an inhabitant — that being 

 a qualification arising or not arising under the treaty. 



Sir Charles Fitzpatrick: Under the treaty. 



Senator Root: And therefore something going to the em- 

 ployer's right. , 



We are all agreed that this is an industrial enterprise, I think. 

 There certainly cannot be any question about it, in view of that 

 fundamental British statute of 1699 (British Case Appendix, p. 

 525), which opens its provisions by reciting: 



"Whereas the trade of and fishing at Newfoundland is a beneficial trade 

 to this kingdom, not only in the employing great numbers of seamen and 

 ships, and exporting and consuming great quantities of provisions and manu- 

 factures of this realm, whereby many tradesmen and poor artificers are kept 

 at work, but also in bringing into this nation, by returns of the effects of the 

 said fishery from other countries, great quantities of wine, oil, plate, iron, 

 wool, and sundry other useful commodities, to the increase of His Majesty's 

 revenue, and the encouragement of trade and navigation; Be it enacted by 

 the King's most excellent Majesty, by and with the advice and consent of 

 the Lords spiritual and temporal, and Commons, in this present Parliament 



