ARGUMENT OF SIB WILLIAM ROBSON. 1621 



That, I see, is a later period than 1783. He refers now to 1834, 

 or some such period. Then he goes on : 



"We have the specific statement of the law officers of the colony 

 of Newfoundland that there were no laws or regulations in force in 

 that colony as late as 1855 ; and to that proposition I read to the Tri- 

 bunal from the United States Counter-Case Appendix, at page 251. 

 This is all the answer that I think it necessary to make to the very 

 extended reading indulged in by learned counsel on the other side 

 of these very old and very ancient proclamations, directions, and 

 orders in council." 



Mr. Turner treated our evidence on that part of the case as though 

 it had been merely an innocent indulgence on the part of my learned 

 friends, Messrs. Ewart and Peterson, when they had indulged in 

 this very old reading. It was a great labour I do not say, by any 

 means, one of love but it is one which has been very complete, and 

 I venture to say is very conclusive. How shall I deal with the state- 

 ment of Mr. Turner as to the Law Officers of the Crown saying there 

 were no laws or regulations in Newfoundland as late as 1855 ? That 

 overlooks, as one very easily might, the fact that the Attorney-Gen- 

 eral of Newfoundland was referring only to local laws. Mr. Turner 

 read himself a little later this passage. The Attorney-General goes 

 on to say : 



" ' In reply to your communication transmitting a copy of a De- 

 spatch from the Right Honorable the Secretary of State for the 

 Colonies to His Excellency the Governor, dated the 23rd of August 

 last, requesting him to forward to the British Minister at Washing- 

 ton, authentic copies of all the laws and regulations of the Legis- 

 lature,' '' 



That is the Newfoundland Legislature which was, of course, only 

 called into existence in 1834, and these laws to which I have been 

 referring are antecedent to that date. It is the date antecedent to 

 that which is really material 



" ' or other competent authority of Newfoundland, on the subject of 

 the Fisheries of this Island, we have the honor to report, in com- 

 pliance with the desire of His Excellency, that, apart from the com- 

 mon law of England, which is in operation here,' " 



I suppose by the common law he meant the statute law 



" ' so far as it is applicable to the circumstances of the Colony, and 

 the several Treaties defining the relative rights of England. France, 

 and the United States of America to the fisheries of this Colony, 

 there are no special enactments of the Local Legislature in operation 

 here for the regulation of the fisheries.' " 



Of course, the word " local " might very easily not have been 

 sufficiently observed, but all the substantial regulations in New- 

 foundland were not local at all, but imperial, and were passed during 

 the period before the Local Legislature was formed. 



