ARGUMENT OF SIR WILLIAM ROBSON. 1779 



I am not going through other regulations with regard to Quebec, 

 because I think it is unnecessary. There is nothing novel in their 

 character that I know of. 



That brings us down to 1783. So that it is quite sufficient for my 

 purpose to show that, both by the practice of North American colo- 

 nies and by the principles of international law, when the right was 

 conferred upon the United States in 1783 of fishing and entering 

 these bays, it was known to be a right subject to these reasonable and 

 moderate impositions. That really establishes my case to 1783. 



Then, when we come to the period from 1783 to 1818, it is exactly 

 the same. For instance, take Nova Scotia. In 1787 it levied light 

 dues on all merchant-vessels entering or leaving Shelburne Harbour, 

 other than coasting- and fishing-vessels belonging to the province. 

 There, again, is an exception which illustrates the favour they show 

 to their own fishermen, and I think that is not unreasonable. I do 

 not think in that kind of thing there is any discrimination that can 

 be treated as unjust. But, of course, this is entirely for the Tribunal. 

 I am merely submitting it. We see that the French and the United 

 States have given bounties to their fishermen. That was a thing 

 which caused a great deal of heartburning on the part of 

 1076 Newfoundland statesmen. France and the United States give 

 bounties. Well, instead of giving a bounty, it sometimes hap- 

 pens that a province says that a more convenient plan is to exempt 

 our own fishermen from these particular duties. It is only a form of 

 bounty. Supposing that they must not do it, that they must not 

 exempt in that way, because it might appear to be a discrimination, 

 then it would only mean that some other mode of giving the bounty 

 would be devised, and could be properly adopted; because you can 

 scarcely prevent bounties of that class. At all events, however, it is 

 clear that in these old statutes there was some measure of discrimina- 

 tion, or I will say tenderness, shown in favour of the local fishermen, 

 because they often do not exempt them altogether, but they charge 

 them less. 



Then, in 1793, in the same way, it puts the duty on all registered 

 vessels owned by any person within the province, and not wholly 

 employed in the fisheries thereof. So that there is an exemption for 

 those who are wholly employed in the fishery, and those vessels that 

 did not come from the harbours of Halifax or Shelburne were re- 

 quired to pay 4d. a ton in the port to which they belonged, and col- 

 lectors were appointed and penalties fixed. 



In 1795 there was an amended Act saying that the dues were to bti 

 payable on arrival, instead of payable in the port to which they be- 

 longed. 



