ARGUMENT OF SIR WILLIAM ROBSON. 1619 



probably escaped Mr. Turner's attention, or he may have thought 

 that it did not apply. It is provided by this Act of 1786 that no 

 pei-son concerned in the fishery shall use any seine or net for catching 

 cod by hauling such seine or net on shore or tucking it into a boat if 

 such seine or net has a mesh of less than 4 inches, and, by section 15, 

 forbids the selling of boats, &c., to any alien. Then there are the 



Nova Scotia Act of 1786, and the New Brunswick Act of 1793, 

 979 going into great detail with reference to minute matters of 



fishing the inbarring of herring, the size of nets, c. This is 

 all in your Appendices; you can get the references there and verify 

 these notes. Then, there is ar provision relating to Sunday fishing. 

 Sunday fishing is a matter upon which I venture to lay the very 

 greatest stress. It is not a question merely of the preservation of 

 fish, although there are some who believe that it is necessary to give 

 the fish a Sabbath rest, and from that point of view it is important. 

 But, it is from the point of view of social order that we must attach 

 the greatest importance to this regulation. In the history of this 

 colony the fishing folk have always been rather particular, appar- 

 ently, about some form of religious observance. In the very earliest 

 regulations touching the conduct of the industry Sunday worship was 

 made compulsory. That, of course, ceased with the more liberal spirit 

 of the times, at least, a spirit which is supposed to be more liberal, 

 but later on. with some variation in the policy of the colony, they felt 

 that the prohibition of Sunday fishing was necessary to them as a 

 limit upon competition. It would be impossible to keep order in such 

 a colony if the views which have been expressed on behalf of the 

 United States with reference to Sunday fishing were allowed free 

 play. The United States fishermen say. and, from the economical 

 point of view, they say with great force : We come a long way ; it is 

 a serious thing for us to have our fishing interrupted from Saturday 

 until Monday ; not so serious to you, but it is to us, and therefore we 

 claim the right to fish, and we assume, I think not unreasonably, that 

 Sunday fishing would be one of the things upon which the United 

 States might insist. Looking at the matter as one of mere economics, 

 it would be difficult to resist their contention; but looking at the 

 matter as one of social order, and, therefore, one in which local juris- 

 diction is especially concerned, it is vital that the local fishermen 

 should not be put in the position of having to see their competitors 

 sweeping the waters on their coasts, while they themselves are com- 

 pelled, for excellent reasons, to remain inactive. 



That is a digression. I continue now with my note. Lower Can- 

 ada, in 1785, had regulations of the same character, as will be seen 

 by reference to the note, and then again in 1786. 1788, and 1807. 

 This note shows each of the material sections. It can be shown 

 down as late as 1812. 



