60 AKGUMENT OF GREAT BRITAIN. 



It will be observed that the legislation is general in its terms and 

 applies to all vessels coming into British waters. And it needs no 

 argument to support the proposition that if such a large class of 

 vessels as the United States fishing-vessels are to be exempt, the 

 objects which the Acts aim at securing must, to a large extent, be 

 defeated. 



It is to be observed that customs legislation, similar in sub- 

 stance to the present statutes, was in force in Canada and New- 

 foundland prior to the treaty of 1818. 



The British Statutes of 13 & 14 Charles II, chapter 11, entitled 



"An Act for preventing Fraud and regulating Abuses in His 



69 Majesty's Customs," required the masters of all vessels arriving 



in England to forthwith make entries at the customs (British 



Counter-Case, App., p. 209). 



In 1696, a British Statute 7 & 8 Wm. Ill, cap. 22, entitled "An 

 Act for preventing Frauds and regulating Abuses in the Plantation 

 Trade," applied the provisions of the foregoing Act to vessels arriv- 

 ing in the British plantations in America (British Case, App., p. 

 521). 



In 1767, another British Statute, 7 Geo. Ill, cap. 46, was passed to 

 prevent more effectually the clandestine running of goods in the 

 British Colonies and Plantations in America. Section 9 of that 

 Act provided for the entry and clearance of vessels arriving in any 

 British Colony or Plantation in America, and it required the master 

 or person in charge of every such vessel, whether laden or in ballast, 

 publicly in the open custom-house to answer upon oath such questions 

 as were demanded of him by the Collector and Comptroller or other 

 principal Officer of Customs concerning the ship and its destination 

 or concerning any goods on board. The provisions of this clause are 

 in all material points the same as those now in force (British Counter- 

 Case, App., p. 221). 



The British Colonies enacted legislation on similar lines. Refer- 

 ence may be made to the Statutes of Nova Scotia 8 & 9 Geo. Ill, cap. 

 18 (1769) (British Counter-Case, App., pp. 233, 234) ; Prince Ed- 

 ward Island 25 Geo. Ill, cap. 4 (1785) ; and New Brunswick 47 

 Geo. Ill, cap. 10 (1807) (British Case, App., p. 588). 



Reference might be made to other British statutes, passed both 

 before and after 1818, as illustrative of the great care exercised by 

 Great Britain in the protection of the trade and commerce of her 

 Colonies, but His Majesty's Government consider those already cited 

 as sufficient for the present purpose. 



Such being the state of the general law, attention must be called 

 to a special modification of it. 



