ARGUMENT OF ELTHU ROOT. 2163 



the limits of British territorial waters have been fixed for every pur- 

 pose, in a general way not only for fishing purposes, as in some 

 treaties, or for the purpose of detaining neutral vessels as in other 

 treaties, or for criminal jurisdiction as in the Territorial Waters 

 Jurisdiction Act? Is there any public Act in which these limits of 

 British maritime sovereignty have been regulated in a general way? 

 SENATOR ROOT : The only information I can give your Honour on 

 that subject is derived from two communications which appear in the 

 record. One is a report of the Committee of the Privy Council for 

 Canada in June 1886. I think the report was actually made by Mr. 

 Foster, minister of marine and fisheries of Canada. It is on p. 812 

 of the American Appendix. Near the foot of the page the first 

 of a series of statements of fact which he makes occurs, and I will 

 read it: 



" In the first place the undersigned would ask it to be remembered 

 that the extent of the jurisdiction of the Parliament of Canada is not 

 limited (nor was that of the Provinces before the union) to the sea- 

 coast, but extends for three marine miles from the shore as to all 

 matters over which any legislative authority can in any country be 

 exercised within that space." 



It goes on to say : 



" The legislation which has been adopted on this subject by the 

 Parliament of Canada (and previously to confederation by the Prov- 

 inces) does not reach beyond that limit." 



It is quite true the Nova Scotia Act of 1836, under which they 

 made seizures, merely reproduced the language of the treaty, and 

 contained no assertion of jurisdiction outside of the 3-mile limit, un- 

 less it were involved in a construction of the language of the treaty. 



Then, at p. 1083 of the same Appendix, there is a statement about 

 Newfoundland, in the letter from the Duke of Newcastle to Governor 

 Bannerman, of the 3rd August, 1863. which I have already cited 

 upon another question. In that letter this occurs : 



" The observations which suggest themselves to me, however, on 

 the perusal of the draft bill are "- 



The draft Bill was to regulate fisheries. 



" 1st. That if any misconception exists in Newfoundland respect- 

 ing the limits of the colonial jurisdiction, it would be desirable that 

 it should be put at rest by embodying in the act a distinct settle- 

 ment " 



That may mean " statement." 



" that the regulations contained in it are of no force except within 

 three miles of the shore of the colony." 



That was the position taken by the Government of Great Britain 

 down so late as 1863. 



