2058 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



SENATOR ROOT: That is what I suppose to be the reason. At all 

 events, the point is that they were not published; they were not 

 included in the publications of the fishery laws relating to the prov- 

 inces, and the reason is that they did not affect the outside fisheries. 

 Whether that means the bank fisheries, or whether it means the fish- 

 eries by outsiders, I do not know. I should think that the latter 

 would be the more complete reason for not publishing them. 



SIR CHARLES FITZPATRICK: It means they are not published from 

 Her Majesty's Stationery Office ? I think; that is all that is contained 

 in this letter. 



SENATOR ROOT : That is where he sent to get them. 



SIR CHARLES FITZPATRICK: Yes. Her Majesty's Stationery Office, 

 of course, is in England. Local regulations are not usually published. 



THE PRESIDENT: Perhaps "outside fisheries" is used in contradis- 

 tinction to river fisheries. The following sentence leads me to that 

 supposition : 



" But your Excellency will observe that they do, in some instances 

 at least, affect the fisheries in the harbors of this province, which are 

 now thrown open to the fishermen of the U.S. as well as the river 

 fisheries, which are reserved to H.M's. subjects." 



SENATOR ROOT: Yes; I think that does have a bearing upon it; that 

 is, that they did, in some respects, protecting the rivers, run the pro- 

 visions into the harbours. 



THE PRESIDENT : At first he considers them as not important because 

 principally they had referred only to river fisheries; but in some 

 respects they might also affect the harbour fisheries, and therefore 

 he considers them also, now, as material. That seems to be the 

 meaning. 



SIR CHARLES FITZPATRICK: The very first paragraph makes the dis- 

 tinction : " the outside fisheries " and " the fisheries in the harbours." 



SENATOR ROOT: Well, he sent the statutes to the British Minister 

 at Washington, who sent them to Mr. Marcy, and Mr. Marcy exam- 

 ined them and approved them. And what were they ? There is only 

 one that can be deemed to be a re-enactment or representative in 

 these revised statutes of any of these laws prior to 1818. There is no 

 Sunday provision. At the foot of p. 207 of the British Case Appen- 

 dix, the Tribunal will find them attached to Mr. Marcy's first circular. 

 There is a gurry ground provision; there is a spawning ground pro- 

 vision on the Grand Menan ; and there is a provision relating to river 

 protection in certain parishes of New Brunswick. 



That is all down to 1855. That is all the provisions which were 

 deemed worthy to be brought to the attention of the Government of 

 the United States as bearing upon the exercise of the liberty granted 

 by the treaty of 1854 on those coasts: two provisions passed after 

 J818; and the one which we find a trace of before 1818. and which I 



