2056 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



the treaty of 1818 they give an account of the renunciation clause 



and its effect. Permit me to read one paragraph of their report, 



from p. 323 of the United States Case Appendix. They say : 



1244 " It was by our act that the United States renounced the 

 right to the fisheries not guaranteed to them by the convention. 

 That clause did not find a place in the British counter-projet. We 

 deemed it proper under a threefold view : 1, to exclude the implica- 

 tion of the fisheries secured to us being a new grant ; 2, to place the 

 rights secured and renounced, on the same footing of permanence; 

 3, that it might expressly appear, that our renunciation was limited 

 to three miles from the coasts. This last point we deemed of the 

 more consequence from our fishermen having informed us, that the 

 whole fishing ground on the coast of Nova Scotia, extended to a 

 greater distance than three miles from land ; whereas, along the coasts 

 of Labrador it was almost universally close in with the shore." 



That was the situation. That means all of this coast along on the 

 way up to the fishing banks (indicating on map). 



We had in 1855, the Tribunal will remember, a consideration of 

 regulations which led to the Marcy circular. And there are some 

 things rather interesting there, in the account of the correspondence 

 and interviews regarding those regulations. On the 5th May, 1855, 

 Manners Sutton, the Lieutenant-Governor of New Brunswick, wrote 

 to the British Colonial Secretary a letter which appears at p. 204 of 

 the British Case Appendix. Lieutenant-Governor Sutton says that 

 the time is approaching when the United States fishermen will come 

 into the waters of New Brunswick to take fish, and he thinks it is 

 desirable that they should be made acquainted with the laws and regu- 

 lations which existed at the time the treaty was made; and he tells 

 in general what they are. He says, after referring to such and such 

 provisions of the Revised Statutes of New Brunswick, that by a 

 certain provision of the Revised Statutes the Justices in Sessions of 

 each county in the Province " are invested with the power to make 

 regulations," &c. And then he says : 



" I am not as yet in a position to furnish your Lordship with the 

 particulars of all these Regulations, but I hope to be able by the 

 next mail to send to your Lordship a complete set of all the Laws, 

 Bye-Laws and Regulations, respecting the fisheries of this Province. 



" It is impossible to expect that either the fishermen or even the 

 Government of the United States should be aware of the nature of 

 the local Regulations on this subject, even if they are cognisant of 

 the provisions of Provincial Statutes." 



Then he submits whether it is not desirable that he should receive 

 instructions to forward to Her Majesty's Minister in Washington 

 copies of the laws and regulations. That is approved by the Colonial 

 Office, in a letter which appears at the top of the next page from 

 Lord John Russell to the Lieutenant-Governor of New Brunswick; 

 and Lord John Russell transmits, in that letter to the Lieutenant- 



