1752 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



take anyone else there, because this is a privilege given to you because 

 of your situation and character and class, and it is not to be given to 

 anybody else. It is right of entry into our territory for a particular 

 purpose, limited to a particular class, and you cannot extend either 

 the class or the right. It is on this ground that I venture to put it. 

 I dare say that I speak with a degree of confidence not becoming to 

 an advocate, but I can see only one answer to this question. Let me 

 take it a little farther. 



THE PRESIDENT: You have drawn our attention to the statute of 

 1819, which forbids the employment of foreigners, and you mentioned 

 the exception in favour of treaty rights. That is, I presume, the 

 proviso of section 2 of the statute of 1819? 



SIR W. ROBSON : Yes. 



THE PRESIDENT: But the terminology of this proviso is somewhat 

 curious. It says: 



" Provided that nothing in this Act contained shall apply, or be 

 construed 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 "- 



&c. That is the first time that I have noticed the mention of ships in 



connection with these -treaties. An exception is made not only 



1060 in favour of subjects of States which have treaty rights, but 



also in favour of the ships of States which have treaty rights. 



SIR W. ROBSON : Well, that is apparent from what precedes in the 



clause. This is a clause dealing with the forfeiture of ships and it 



is in that way that ships are referred to. If we look at the whole 



clause we will see that it relates to natural-born subjects. It says: 



"any person or persons, not being a natural-born subject of Hi- 

 Majesty, in any foreign ship, vessel or boat, nor for any person in 

 any ship, vessel or boat, other than such as shall be navigated ;ir- 

 rofding to the laws of the United Kingdom of Great Briton* ;ui.l 

 Ireland, to fish "- 



And then it goes on 



" and that if any such foreign ship, vessel or boat, or any persons on 

 board thereof, shall be found fishing," 



this vessel is to be forfeited. Now. as they have dealt there with 

 both persons and ships, irrespective of nationality, they >ay we must 

 save both persons and ships, so that the proviso saves persons from 

 penalties and ships from forfeiture, but does not use the word " ship " 

 so as to give any right to a ship that would not be enjoyed by a 

 person. 



THE PRESIDENT: That might be an explanation. 



SIR W. ROBSON: I would like to read although I know it is in 

 the mind of the Tribunal, but I cannot resist the temptation, as I 



