ARGUMENT OF JOHN S. EWAET. 1343 



^'are not sufficient to prevent the desertion of such seamen and 

 fishermen to the service of the subjects of foreign States'; be it 

 therefore enacted by the authority aforesaid, That if any seaman 

 or fisherman, hired or employed in the carrying on of the said fishery 

 shall desert from the said "Island of Newfoundland, or from the said 

 fishery, with intent to enter into the service of any foreign State, or 

 of any of the subjects of any foreign State, or shall have in any wise 

 agreed so to absent himself, or desert with such intent, or shall have 

 actually entered into such service as aforesaid, it shall and may be 

 lawful to and for the governor of Newfoundland, or his surrogates, 

 or for the judge of the Vice Admiralty Court for the time being, or 

 for any justice of the peace . . . ." &c. 



THE PRESIDENT: That refers to the inhabitants of Newfoundland 

 or only to seamen and fishermen on board of British ships from 

 Europe ? 



MR. EWART : That is all, Sir. 



THE PRESIDENT: There were probably not many inhabitants of 

 Newfoundland then? 



MR. EWART: No, probably not; it would relate principally to those. 

 I think the provisions were made in some of the statutes for the re- 

 turn of seamen. In the earlier statute which I read, provision was 

 made for the return of the fishermen to England at the end of the 

 season. Evidently some of them were staying upon the island and 

 taking up their occupation there. 



THE PRESIDENT: That is a mere statute against desertion from 

 service. 



MR. EWART : Probably so, Sir. Although it says : " shall desert 

 from the said Island of Newfoundland," as the President will see, 

 " or from the said fishery, with intent to enter into the service of 

 any foreign State.". I think it was directed to the point that we are 

 interested in here, and would include in its terms not merely those 

 who were actually in service in ships or under articles to the captain 

 of any ship, but those who were residing in Newfoundland. And 

 the President will remember that, in the previous statute, the provi- 

 sion did not apply to British subjects who were engaged upon other 

 vessels the provision was that they were not to be carried as pas- 

 sengers. As to persons who were residing in Newfoundland, 

 811 or who might have finished their term and were not willing 

 to return to England, the provision for their protection was 

 that they should not be carried as passengers to the continent of 

 America. 



[The Tribunal thereupon, at 4 o'clock p. m., adjourned until Mon- 

 day, the 18th July, 1910. at 10 o'clock a. m.] 

 92909 S. Doc. 870, 61^3, vol 10 29 



