28 
—by the mere fact of absolute, omnipotent, sovereign power on 
the one hand dealing with weakness on the other. 
As to the law itself, to which the colonist and his actions are 
subject in the most vital and fundamental concerns of everyday 
life, and under which it is determined whether his dearest and 
commonest rights of property and even of personal liberty are 
affected or limited, or altogether taken away, not only is the law 
nowhere declared or defined, but it is hidden—stowed away, so 
to speak—in official instructions to a naval officer, to which no 
one else is permitted access, even for the purpose of judging 
whether these instructions are in themselves authorised or 
warranted, or, on the contrary, as they would appear to be, 
ultra vires,—not only is that law not made known to or ascer- 
tainable by the subject, but, worse still, the subject has been 
instructed and led to believe that it is the direct opposite of 
that which the naval officer, under his instructions, as a rule, 
declares and puts into force. 
Next, as to the tribunal, the court, or the authority by which 
the law is administered. Without the slightest want of due 
respect for these gentlemen, for whom in their proper sphere we 
have the highest esteem, and of whose qualifications for their 
ordinary duties we have not the slightest doubt, we hold 
that they are not, and ought not to be expected to be, in 
any degree qualified for the proper discharge of such func- 
tions as are imposed upon them in connection with these 
treaty questions. Their education, training, habits of life, 
and the nature of their usual and legitimate occupations are 
entirely incompatible with the acquisition of that knowledge, and 
the possession of those qualities which are required for the exercise 
of these purely judicial offices. Such a combination of entirely 
incongruous powers and duties was never contemplated, and ought 
never to have been permitted, except to meet some extreme, 
unforeseen, or temporary exigency. 
There is no more reason, no more sense, and no more justifi- 
cation for entrusting to an officer of her Majesty’s Navy the 
determination of the involved and complicated questions of 
municipal and international law arising out of the disputes 
between British and French fishermen under these treaties, and 
vesting in him judicial authority,.or even discretion, for dealing 
with these disputes, than there would be for taking a judge of 
