1794 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The necessity for it, is, I think, shown both by Mr. Sabine's report 

 and also by the report of Mr. Manning. At pp. 1040-1 of the United 

 States Case Appendix, there is a petition in 183G to the Legislative 

 Assembly of Nova Scotia in which the danger of smuggling is men- 

 tioned and in which regulations are asked for to put a stop to it; 

 and at p. 1186 Sabine points this out as one of the (lanirer- a<rain>t 

 which we desire to be secured. Sabine refers to Macgregor, in his 

 " Progress of America," and says : 



"Macgregor, in his ' Progress of America,' published in 1847, thus 

 speaks of occurrences at Crow Harbor and Fox Island, two of the 

 favorite resorts of mackerel in Nova Scotia. 



" ' These places,' he remarks, ' while the fishing season lasts, are 

 generally the scenes of the most lawless disorder and licentiousness, 

 occasioned by the violence of the fishermen contending for the best 

 places to haul the seines ashore; the pillaging of the fish; the selling 

 and drinking of rum ; the smuggling of goods by the Americans.' " 



Now, of course, rum is a thing so easily smuggled, and it is a thing 

 so dangerous in its results, not merely from the point of view of 

 revenue, but also from the point of view of morals, that the New- 

 foundland Government is very naturally anxious to prevent it being 

 disseminated among the population. 



Then, Mr. Manning, United States Secretary of the Treasury, deals 

 with this question of the reasonableness of Canadian customs regu- 

 lations. At p. 372 of the British Case Appendix he draws a parallel 

 between the Canadian and American coasts and he says : 



" The head of this department," 



Because he himself is Secretary of the Treasury 



"having the responsibility of enforcing the collection of duties 

 upon such a vast number of imported articles, under circumstances 

 of so long a sea-coast and frontier line to be guarded against the 

 devices of smugglers, should not be inclined to under-estimate the 

 solicitude of the local officers of the Dominion of Canada to protect 

 its own revenue from similar invasion. The laws for the collection 

 of duties on imports in force in the United States and in the Domin- 

 ion of Canada, respectively, will be found, on comparison, to be on 

 many points similar in their objects and methods. They should 

 naturally be similar, for both had, in the beginning, the same com- 

 mon origin. In the United States, Congress has divided the territory 

 of each State by metes and bounds, usually by towns, cities or coun- 

 ties, into collection districts, for the purpose of collecting duties on 



imports, and in each collection district has established a port 

 1085 of entry and ports of delivery. In that manner all our sea- 



coast frontier is sub-divided for revenue purposes. The object 

 of our law is to place every vessel arriving from a foreign port in the 

 custody of a customs officer immediately upon her arrival." 



That is every vessel. It does not say that some vessels are to be 

 free because the smuggler will at once get himself on board that one 



