372 FISHERIES ARBITRATION AT THE HAGUE 



benefits received by both nations from their intercourse in commerce 

 — those are the considerations which preserve the trading privileges 

 accorded by each nation to the vessels of the other, and we are not 

 concerned about there being a cessation of commercial intercourse 

 between the United States and Great Britain. The only thing we 

 are concerned with here is whether there is anything in this treaty 

 which entitles the government of Newfoundland to say: "These 

 particular vessels, belonging to the class to which has been accorded 

 trading privileges, certified by their government as belonging to 

 that class, are to be discriminated against and excepted from the 

 class." 



The Piiesident: What is the basis, Mr. Senator Root, on which 

 we have to decide this Question 7 ? Where have we to take our 

 answer to Question 7 ? 



Senator Root: I think the basis is the consideration of the 

 terms of the treaty. 



The President: The consideration of the terms of the treaty? 



Senator Root: As to whether there is anything in the terms 

 of the treaty which affects or changes any commercial privileges 

 accorded to the class of trading vessels. 



Dr. Drago : The commercial privileges are not given in virtue 

 of the treaty ? 



Senator Root: Not at all. They are entirely outside of the 

 treaty. The question is whether there is anything in the treaty 

 that takes them away. 



The President: But the question is not put in that way, as 

 was mentioned by Mr. Justice Gray. The question is put in the 

 affirmative form, and not in the negative form. 



Senator Root: I do not think it matters much, Mr. President, 

 whether it is put in the affirmative or the negative. Your answer 

 has to be affirmative or negative. 



Sir Charles Fitzpatrick: That is the difficulty. 



Senator Root : You say they are entitled, or they are not 

 entitled. Your answer relates to the treaty. They are entitled, 



