ARGUMENT OP SAMUEL J. ELDER. 1453 



Perhaps the Tribunal will pardon my pointing out on the map, 

 though the members may be absolutely familiar with it, the territory 

 under the jurisdiction of Canada and Newfoundland. Canada cov- 

 ered all the coast of New Brunswick, Nova Scotia, Cape Breton, 

 Prince Edward Island, Anticosti, the Magdalen Islands and the 

 southern coast of Labrador up to this point, just to the westward of 

 the Straits of Belle Isle. Newfoundland, of course, is entirely clear, 

 and its jurisdiction on Labrador extended from that boundary north- 

 ward indefinitely to Hudson Bay. Concerning the coast under Cana- 

 dian jurisdiction, there have been no troubles, one might say, during 

 all this intervening period, and down to 1905 there were no troubles 

 with Newfoundland. In considering the Act of Newfoundland of 

 1887, it is perhaps well to bear in mind that at an earlier date, the 3rd 

 August, 1863, the United States Case Appendix, pp. 1082-3, New- 

 foundland had in contemplation an Act which might cover both the 

 treaty and the non-treaty coasts, and a memorandum was addressed 

 to Governor Bannerman. by the Duke of Newcastle in reference to 

 that, which will be found at p. 1083 of the United States Case 

 Appendix. The Duke says in the paragraph marked "2nd": 



" That no Act can be allowed which prohibits expressly, or is 

 calculated by a circuitous method to prevent, the sale of bait. 



" 3rd. That all fishing acts shall expressly declare that their pro- 

 visions do not extend or interfere with any existing treaties with any 

 foreign nation in amity with Great Britain. 



" 4th. That, in any part of the colonial waters, it would be highly 

 unjust and inconvenient to impose upon British fishermen restrictions 

 which could not, without violating existing treaties, be imposed upon 

 foreigners using the same fisheries. On this point, however, I would 

 refer you to my despatch, marked ' confidential,' of the 2nd of 

 February." 



That advice, or instruction, whichever you choose to call it, of the 

 Duke of Newcastle, with reference to incorporating in all Acts of 

 Newfoundland a saving clause with regard to countries in amity with 

 Great Britain, having treaty rights, has been followed by Newfound- 

 land. 



There is one other fact that I want to draw attention to in 

 878 connection with the Act of 1887, which was, in effect, repro- 

 duced in the consolidated Statutes of Newfoundland twice, 

 I think. It would appear, though I concede not conclusively, that the 

 license fees received by Newfoundland, amounting to 120,000 dollars, 

 as has been stated, were wholly, or almost wholly, for rights on the 

 non-treaty coasts of the island rather than on the treaty coasts. I 

 refer the Tribunal to the letter of Sir Edward Grey to Mr. Whitelaw 

 Eeid, of the 2nd February, 1906, United States Case Appendix, vol. 

 ii, p. 973 : 



" His Majesty's Government agree that the Government of New- 

 foundland could not require that American fishermen seeking to exer- 



