352 FISHERIES ARBITRATION AT THE HAGUE 



Senator Root: They do not involve taking anything into the 

 country; they involve getting something out. 



Sir Charles Fitzpatrick: Not always. 



Senator Root: And they call for quite a different set of regula- 

 tions. At all events, I am not disputing that — 



Sir Charles Fitzpatrick: There will be some different, pro vi- 

 sion required in this case. 



Senator Root: I quite agree to that. I do not for a moment 

 want to have a conclusion which will enable Americans to go up 

 there and really abuse the privilege, as I have no doubt that some- 

 times they do. 



Sir Charles Fitzpatrick: You see St. Pierre, Miquelon, is 

 so convenient. 



Senator RoOt: Yes, undoubtedly, but I will leave the British 

 Government to deal with its French ally on that subject. 



Now, on the subject of hght and harbor dues, these are no 

 restrictions at all. It is perfectly plain that they cannot be imposed 

 under this question, because they do not come within the purview 

 of this renunciation clause. There is nothing in requiring a man 

 to pay hght, or harbor, or any other kind of dues, which tends in 

 any way to restrict the taking, drying, or curing of fish, or to prevent 

 the abuse of privileges; unless it be upon the theory, which some- 

 times happens in domestic affairs, that by taking a man's money 

 away from him you may keep him from going off and getting into 

 trouble. There is no other conceivable way in which the exaction 

 of this money from the master of an American fishing vessel can be 

 deemed to come within the terms of the treaty which provides for 

 making him subject to "such restrictions as may be necessary to 

 prevent their taking, drying, or curing fish therein, or in any other 

 manner whatever, abusing the privileges thereby reserved to them." 



I wish to make one observation about both Questions 3 and 4. 

 Whatever may be required in the way of report, declaration, identi- 

 fication, or, on the non-treaty coast, regulation of intercourse with 

 the shore, should be, of course, of such a character as not to prevent 

 the exercise of the treaty right. We made very serious objection 



