ABGUMENT OF SIB JAMES WINTEB. 953 



it, and it is not necessary that I should read it. It begins generally 

 by saying that: 



" The destruction that the use of these seines has worked in the 

 mackerel fishery, both on the coasts of the United States and Canada, 

 has ceased to be either a matter of doubt or controversy, the con- 

 sideration, therefore, of remedial measures is of paramount .im- 

 portance." 



That is the statement with which it begins, and then, it will be 

 found, upon reading it through, that some very decided opinions and 

 views are held, not only in Canada by this writer, but in the United 

 States, and particularly by Professor Brown Goode, who is an emi- 

 nent authority upon these matters a citizen of the United States 

 holding an official position in that country, whose opinions are given 

 throughout this article in several places. Upon these some of the 

 States of the United States have taken action and have legislated. 

 The Dominion of Canada has legislated, giving effect to the opinions 

 set forth in this report strongly and unequivocally against the use 

 of purse seines, and this legislation is in general operation through- 

 out Canada. Further than that similar legislation one general, 

 sweeping provision against the use of purse seines in Newfoundland, 

 anywhere, at any time and at all times, has been the law for years, 

 and it has never been taken exception to by any one. Now, for the 



first time, it appears that this question of the use of purse 

 571 seines arises and, unfortunately it arises in connection with 



the very difficulties that have led up to this arbitration. In 

 fact, it will be found in the correspondence and otherwise that the 

 United States fishermen, in the exercise of their treaty rights, claimed 

 the right to do either one thing or the other ; they said that they must 

 have the right to employ Newfoundland fishermen, which is one of 

 the matters in question here, or they must use purse seines. They 

 began to use purse seines, and the correspondence, which passed 

 immediately before the reference of these matters to this Tribunal 

 took place, will show that that is one of the principal questions, 

 which is at the present time acute ; I mean the question as to whether 

 or not the Americans can come down and use purse seines in the 

 waters of Newfoundland under the treaty. What Newfoundland 

 says and we have to say it here to-day is that this is not a mere 

 matter of a trifling regulation, a matter of no vital importance, or 

 of no far-reaching consequences, and that it does not come under 

 the general description given of the term used on the other side with 

 relation to the question of one nation giving up its sovereignty to 

 another and leaving certain small subsidiary matters of detail to be 

 settled afterwards by mutual arrangement between the parties in 

 the exercise of what is called the comity of nations. Learned counsel 

 said that where the treaty itself did not provide for matters of detail 



