ARGUMENT OF SAMUEL J. ELDER. 1525 



To continue the discussion of Question 2; the employment of 

 foreigners on British ships and United States ships was well known 

 in 1818 when this treaty was made. 



As far back as 1G60 (British Case Appendix, p. 514), we find the 

 Act of 12 Charles II, cap. 18. In the first paragraph it says, speak- 

 ing of persons who are to exercise the fishery right and so on : 



" only to the people of England or Ireland, Dominion of "Wales or 

 town of Berwick upon Tweed or of the built of and belonging to any 

 of the said lands, islands, plantations or territories, as the proprietors 

 and right owners thereof, and whereof the Master and three fourths 

 of ttie Mariners at least are English ;" 



That is found in paragraph 2. 



Then at the bottom of the page it is repeated : 



" That no goods or commodities whatsoever, of the growth, produc- 

 tion or manufacture of Africa, Asia or America, or of any part 

 thereof, or which are described or laid down in the usual maps or 

 cards of those places, be imported into England, Ireland, or Wales, 

 Islands of Guernsey and Jersey, or town of Berwick upon Tweed, in 

 any other ship or ships, vessel or vessels whatsoever, but in such as do 

 truly and without fraud belong only to the people of England or 

 Ireland, dominion of Wales, or town of Berwick upon Tweed, or of 

 the lands, islands, plantations or territories in Asia, Africa or 

 America, to his Majesty belonging, as the proprietors and right 

 owners thereof, and whereof the master, and three fourths at least of 

 the mariners are English ; " 



The statute was with reference to importation, and the citation is 

 solely for the purpose of showing that as early as 1660 the composite 

 character of British crews was recognized. 



I now come to the statute of 1699, on which Great Britain so 

 largely relied, p. 525. I trust the Tribunal will do me the favour of 

 following that statute, because great stress is laid upon it. I must 

 beg the Tribunal to allow me to read the first section : 



" ' Whereas the trade of and fishing at Newfoundland is a beneficial 

 trade to this kingdom, not only in the employing great numbers of 

 seamen and ships, and exporting and consuming great quantities of 

 provisions and manufactures of this realm, whereby many tradesmen 

 and poor artificers are kept at work, but also in bringing into this 

 nation, by returns of the effects of the said fishery from other coun- 

 tries, great quantities of wine, oil, plate, iron, wool, and sundry other 

 useful commodities, to the increase of His Majesty's revenue, arid 

 the encouragement of trade and navigation'; Be it enacted by the 

 King's most excellent Majesty, by and with the advice and consent of 

 the Lords spiritual and temporal, and Commons, in this present Par- 

 liament assembled, and by the authority of the same. That 

 923 from henceforth it shall and may be lawful for all His Majes- 

 ty's subjects residing within this his realm of England, or the 

 dominions thereunto belonging, trading or that shall trade to New- 

 foundland, and the seas, rivers, lakes, creeks, harbours in or about 



