ABGUMENT OF SIB WILLIAM ROBSON. 1733 



included within the limits specified and described in the First article 

 of the said convention, and hereinbefore recited ; and that if any such 

 foreign ship, vessel or boat, or any persons " 



Now, mark this 



"or any persons on board thereof, shall be found fishing, or to have 

 been fishing, or preparing to fish within such distance of such coasts, 

 bays, creeks or harbours, within such parts of His Majesty's domin- 

 ions in America out of the said limits as aforesaid, all such ships, 

 vessels and boats, together with their cargoes, and all guns, ammuni- 

 tion, tackle, apparel, furniture and stores, shall be forfeited," 



Then there is the necessary proviso saving treaty rights of the 

 Americans at the end 



" provided that nothing in this Act contained shall apply, or be con- 

 strued to apply to the ships or subjects of any Prince Power or State 

 in amity with His Majesty, who are entitled by treaty with His 

 Majesty to any privilege of taking, drying or curing fish." 



Expressed, of course, in general terms, as all of these provisos are, 

 but obviously applicable only to the United States. That is one sec- 

 tion, and that, I think, shows how unlikely we are to come across any 

 evidence that foreigners were systematically employed. 



There is another in 1824 which shows the same policy. That is on 

 p. 567 of the British Case Appendix, section 2 of the statute, the 

 second paragraph from the bottom of the page : 



"And be it further enacted, That no Alien or Stranger whatsoever 

 shall at any Time hereafter take Bait, or use any sort of Fishing 

 whatsoever in Newfoundland, or the Coasts, Bays or Rivers thereof, 

 or on the Coast of Labrador, or in any of the Islands or Places within 

 or dependent upon the Government of the said Colony; always ex- 

 cepting the Rights and Privileges granted by Treaty to the Subjects 

 or Citizens of any Foreign State or Power in Amity with His 

 Majesty." 



That is to say, the United States and France. Those two had in 

 their very limited areas these rights. But, except the limited rights 

 granted within those very guarded areas, we would not allow an alien 

 to enter. There was no population in Newfoundland. There was no 

 trading. People talk of trading and industry in Newfoundland. 

 What was there, except these cod ? Not a thing. There was nothing 

 at all. You went on the land, and you found barren and unsettled 

 soil. As to trading, taking commodities there and bringing com- 

 modities back industry in that sense was not known. There was no 

 one to buy the goods when you got there, and there was nothing but 

 fogs and timber to take away. So that all you had was a right to go 

 and take fish; and that is dealt with by Great Britain in a way 

 which shows her view : " You shall not trade. You shall not exercise 

 an industry in the general sense at all.'' We would not even let them 

 buy bait. One of the most significant things in these negotiations is 



