ARGUMENT OF JOHN S. EWART. 1407 



MR. EWART: There was only one other Act in Newfoundland in 

 1838 (British Case Appendix, p. 697). 



THE PRESIDENT : The letter of Mr. Forsy th of the 20th February, 

 1841, refers to '"the provincial law, entitled Wm. IV, cap. 8, 1836, 

 enacted doubtless with a view vigorously to restrict, if not intended 

 directly to aim a fatal blow at our fisheries on the coast of Nova 

 Scotia." Was that a regulation? 



MR. EWART: No, Sir; that was for exclusion. 



THE PRESIDENT : That was for exclusion ? 



MR. EWART: Yes, on the non-treaty coast. The President will 

 observe that these men were speaking in very general terms. They 

 come down specifically to the matter afterwards, and I quite see 

 that the generality of their language may have been wider than nec- 

 essary for that which they had particularly in mind. I only quoted 

 it for the purpose of showing that they clearly had not in mind at 

 that time the position taken by the United States here. 



SIR CHARLES FITZPATRICK: Were there Canadian regulations in 

 force at that time? 



MR. EWART : I am not aware of any. 



SIR CHARLES FITZPATRICK : There is the statute you refeiTed to a 

 short time ago as having been passed by Lower Canada. 



Mr. EWART: Yes. 



SIR CHARLES FITZPATRICK: Those regulations were all in force? 



MR. EWART: Yes. 



SIR CHARLES FITZPATRICK : And applied to a portion of Labrador 

 and the Magdalen Islands? 



MR. EWART: Yes, Sir. I understood the question of Judge Gray 

 had reference to regulations after 1818. 



JUDGE GRAY: Yes; in Newfoundland. 



MR. EWART : And the only one in Newfoundland was after 1818. 



SIR CHARLES FITZPATRICK : But the others were in force. 



MR. EWART : Yes, Sir ; all those that I have given as having been 

 enacted from 1783 to 1818 were in force. 



THE PRESIDENT: They came into force and applied also to Lab- 

 rador which is the treaty coast ? 

 850 SIR CHARLES FITZPATRICK : A portion of Labrador. 



THE PRESIDENT: Also to that portion of Labrador within the 

 treaty coast? 



MR. EWART : The Act of 1699 was specially applied to Labrador by 

 statute. The statute of 1765, British Case Appendix, p. 690, extended 

 to Labrador the provisions of the statute of 1699. 



I pass entirely the Marcy circular. The Tribunal is completely in 

 possession of our views with reference to these circulars. I wish to 

 say a word or two about the Boutwell circular. Senator Turner dealt 



92909 S. Doc. 870, 61-3, vol 10 33 



