ARGUMENT OF ELIHU ROOT. 2051 



1241 I think it is fairly reasonably to be said that when we came 

 to the making of the treaty in 1783 there was a free hand for 

 the prosecution of the industry such as was contemplated on the part 

 of the American fishermen. 



SIR CHARLES FITZPATRICK: May I ask you if you can tell me 

 whether or not the new charter referred to at p. 529 of the British 

 Case Appendix, relating to trade and fishery in Newfoundland, is 

 printed anywhere? Referring to the passage about the middle of 

 the page, I see the following: 



"And on the 27th of January, 1675, His said Majesty, after due con- 

 sideration had of the best ways and means of regulating, securing and 

 improving the Fishing Trade in Newfoundland passed the New Char- 

 ter which recited and confirmed all the old Laws, and several others 

 were added for the better Government of the Fishery." 



I have not been able to find it myself. 



SENATOR ROOT : I have not found it the record. 



SIR CHARLES FITZPATRICK : I do not think it is printed. 



SENATOR ROOT : Unless it refers to one of these statutes. 



SIR CHARLES FITZPATRICK : It is dated 1718. 



SENATOR ROOT : No, Mr. Anderson tells me there is nothing in the 

 record to which that corresponds. I was observing that my learned 

 friends on the other side had fallen into an error in supposing that 

 the Attorney-General of Newfoundland, in 1855, when he reported 

 that there were no regulations as to fishing, was mistaken. The 

 whole subject of Newfoundland appears to have been covered and 

 codified in the Act of 1824, which you will remember, I presume 

 British Case Appendix, p. 567. This is: 



"An Act to repeal several Laws relating to the Fisheries carried 

 on upon the Banks and Shores of Newfoundland, and to make Pro- 

 vision for the better Conduct of the said Fisheries for Five Years, 

 and from thence to the End of the then next Session of Parliament." 



It goes on in the first article and repeals 10 and 11 William III, 

 15 George III, 26 George III, and 29 George III, and then covers 

 the ground pretty fully. It reproduces the provisions of the old Act 

 of 1688 regarding the French claims, the Act of 1819, and the Order- 

 in-Council of 1819, all in one paragraph 12 bunching them to- 

 gether as being subject to the same general provision : 



" That it shall and may be lawful for His Majesty, His Heirs 

 and Successors, by Advice of His or their Council, from time to time 

 to give such Orders and Instructions to the Governor of Newfound- 

 land, or to any Officer or Officers on that Station, as he or they shall 

 deem proper and necessary to fulfil the Purposes of any Treaty or 

 Treaties now in force between His Majesty and any Foreign State 

 or Power." 



It reproduces the various prohibitions against the casting of ballast 

 overboard, against the casting of anchor at places where it would 



