1778 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



down a general rule as to the liability of vessels to light dues, they 

 say that with regard to fishing- vessels there shall be some exception- 

 ally favourable scale. That begins in 1715, where there was a light- 

 house due imposed at Boston harbour, and there also the coast and 

 fishing-boats pay on a lower scale. This is a good illustration of the 

 validity and propriety of this obligation, even in cases where there 

 is a positive statutory right to enter the territorial water. For in- 

 stance, this is a Massachusetts statute, and Massachusetts, as has 

 already been pointed out, had a charter under which the right of 

 fishing was enjoyed by all the loving subjects of the King. All loyal 

 subjects were entitled to fish in Massachusetts waters; but, notwith- 

 standing that the charter gave them that right, it did not deprive 

 the colony of Massachusetts of its local jurisdictional right to charge 

 all the fishing-vessels of other colonies and other countries with a 

 moderate sum for light dues. That is a very good instance. They 

 pay on a lower scale, but that does not matter for my purpose. They 

 pay, although they had, from the Royal charter, a right to go and fish 

 there. Nevertheless, that is not taken to be inconsistent with their 

 obligation to pay something; the amount does not matter. That 

 statute was in 1715. 



Then, in 1751, there was in Massachusetts a more general statute, 

 applying to all vessels, which are to pay additional dues propor- 

 tioned to their tonnage, so that fishing-vessels would pay very little, 

 but they would still pay something. The tonnage of these vessels 

 was of course small in relation to that of the large trading-vessels, 

 and that is one reason why, in many cases, it may have been thought 

 not worth while to collect small tonnage dues upon vessels that were 

 of such very moderate tonnage. However, they were then all made 

 liable. That was for repairing damage. It was a special rate for 

 repairing damage to the lighthouse that had been built in 1715, or 

 somewhere about then. 



Next there was another statute in 1770-71, in the same State of 

 Massachusetts, with regard to the lighthouse at Thatcher's Island, 

 and there it is not important, but one just mentions it all vessels 

 of 15 tons and upwards, which would, of course, exempt smaller 

 fishing-vessels, because it was not worth while collecting the dues 

 from them, were subjected to the tax. 



In Nova Scotia there was the same kind of legislation. That is, 

 in 1759 they had to pay dues for maintaining a lighthouse at Sainbro 

 Island, and there the fishing- vessels were entirely exempt I have no 

 doubt because it was thought they were not of a class to be taxed. 

 The boats were small and the men themselves were poor, and were 

 scarcely of a class upon which it was fair to put any very consider- 

 able taxation. 



