ARGUMENT OF ELIHU ROOT. 2057 



Governor, five copies of the laws and regulations in force in the 

 British Xorth American provinces with reference to the fisheries. 

 Then Mr. Manners Sutton, when he gets these five copies, writes to 

 the British Minister at Washington a letter, dated the 16th June, 

 1855, on the same page, 205, of the British Case Appendix, and in 

 that he says: 



" The statutory regulations are contained in one Act : ch : 101 

 title 22 : of the Revised Statutes of New Brunswick. 



" The local regulations, are of two different kinds Istly those, 

 which, under the provisions of the 6th seen of the Act: referred to. 

 have been made by the Governor in Council; & 21y those which the 

 Justices in Session of the respective counties are empowered, by the 

 Provincial Act ch: 64 title 8: of the Revised Statutes to make for 

 the govt of fisheries within the rivers of the several counties. 



" The local regulations of the last mentioned description, altho' 

 issued in many counties. & having the force of law, were not included 

 in the collection, published from H.M's Stationery Office in 1853, 

 because, as appears from a despatch from Sir E. Head to the Duke 

 of Newcastle, which is printed in page 37 of that paper, of which 

 yr Ex no doubt has a copy, these regulations were at the time con- 

 sidered to be immaterial, inasmuch as they do not affect the outside 

 fisheries." 



Then he goes on to say he thinks that they ought to be included 

 and made known. This paper, which he sent on, is what Lord John 

 Russell sent him from the Colonial Office. So the Tribunal will 

 perceive that if these magistrates made any local regulations, they 

 were of such a character that they did not affect outside fishermen, 

 and they were not printed, so that anybody could ever know what 

 they were. They were not included in the printed copy of laws 

 relating to fishing. 



Still further : Mr. Crampton, the British Minister at Washington, 

 transmits the laws which Mr. Manners Sutton had 



JUDGE GRAY : Pardon me, Mr. Root : Do I understand, in the mid- 

 dle of the next to the last paragraph of that letter from which }-ou 

 read on p. 205 of the British Appendix, that the language 



" These regulations were at the time considered to be immaterial, 

 inasmuch as they do not affect the outside fisheries." 



referred to the bank fisheries? 



1245 SENATOR ROOT: I should suppose not. I should suppose 

 that they did not affect any fisheries except those of the in- 

 habitants; the fishery as carried on from the shore. 



JUDGE GRAY: They do not affect the outside fisheries? 

 SENATOR ROOT: They do not affect the fisheries by outsiders. 

 JUDGE GRAY: That is just what I wanted to get at what the 

 meaning of it was: as to whether it was fisheries by outsiders, or 

 fisheries that were outside of these waters. 

 92909 S. Doc. 870, 61-3, vol 11 31 



