ARGUMENT OF ELIHU BOOT. 2189 



Then, with regard to Miramichi, there was the statute of 1799, 

 which appears in the British Appendix at p. 597, and one of 1810, 

 which appears in the British Appendix at p. 603. I think those 

 were the only ones counted upon. The first, of 1799, was chiefly a 

 shore statute, but I think it prohibits the casting of gurry for several 

 leagues out from the shore, and so far as to be plainly applicable 

 only to citizens of New Brunswick. And the one of 1810 provides 

 for placing buoys in Miramichi, and for the imposition of dues upon 

 vessels coming into the bay. 



THE PRESIDENT: The statute of 1799, concerning Miramichi, in 

 section 2 refers also to the placing of seines, or nets in the bay or river 

 Miramichi or its branches except as thereinbefore provided for, ex- 

 cept at the places admitted by section 1. 



SENATOR ROOT: Yes. 



THE ATTORNEY-GENERAL: This statute for settling the boundaries 

 is on p. 572. 



SENATOR ROOT: Yes; Mr. Anderson has just called my attention 

 to that. That statute carries the boundary of New Brunswick down 

 through the middle of the- Bay of Chaleur to the Gulf of St. Law- 

 rence, and that is the statute of 1851 that Lord Salisbury refers to. 



I shall take up no more time with these statutes, further than to 

 say that, in our view, they do not constitute such a claim to terri- 

 torial jurisdiction over the waters of these bays as to have any effect 

 internationally ; and of course they were never referred to in any way 

 whatever or made any ground of prescription, or definition of mari- 

 time jurisdiction of Great Britain before or at the time of nego- 

 tiations of 1818. 



One other subject I ought to speak of, and that is what the Attor- 

 ney-General said about the renunciation clause. He says there were 

 two renunciation clauses : one of the British and one of the Ameri- 

 cans. The difference between them is that one was a renunciation 

 clause and the other was not. The American proposal was the re- 

 nunciation clause with which we are familiar. The British proposal 

 was contained in article A, presented by the British, to be found on 

 p. 312 of the American Appendix. That article begins by saying 

 that the " inhabitants of the United States shall have liberty to take 

 fish " on such and such coasts. Then follows a regulation regarding 

 the rivers, and then follows this, which is the British substitute for 

 the renunciation clause as we now have it : 



" His Britannic Majesty further agrees that the vessels of the 

 United States, bond fide engaged in such fishery, shall have liberty to 

 enter the bays and harbors of any of His Britannic Majesty's domin- 

 ions in North America, for the purpose of shelter, or of repairing 

 damages therein, and of purchasing wood and obtaining water, and 

 for no other purpose ; and all vessels so resorting to the said bays and 



