ARGUMENT OF MR. ROOT 147 



unduly influenced by the attitude of counsel in drawing those 

 conclusions, and that what I say is sustained by the facts that are 

 pointed out. 



I draw the conclusion first, that there was not, either in 1783 or 

 in 1818, any regulation as to the time and manner of fishing on the 

 coasts of Newfoundland or Labrador. 



There had been in an Act of 15 Charles II, 1663, away back 

 before France ceded Newfoundland to Great Britain by the Treaty 

 of Utrecht, a curious provision about catching the spawn or young 

 fry of Poor-John. It has been read several times. Poor-John, 

 I beheve, is a small variety of cod-fish. 



That provision, however, was superseded by the Order-in- 

 Council of 1670, which is in the Appendix to the British Case and 

 is cited here in this paper, which provided: 



"That all the subjects of His Majesty's kingdom of England shall and 

 may forever hereafter peaceably hold and enjoy the freedom of taking bait 

 and fishing in any of the rivers, lakes, creeks, harbors, or roads in or about 

 Newfoundland." 



If it had not been superseded by that, it would have been super- 

 seded by the statute of 1699, which gives the same freedom to "all 

 His Majesty's subjects residing within his realm of England or the 

 dominions thereunto belonging." That Poor-John clause of 1663 

 was part of the restrictive policy of Great Britain in respect of the 

 Island of Newfoundland. It was when she was trpng to keep any- 

 body from setthng in Newfoundland, trying to preserve the fishing 

 and the use of Newfoundland for fishing purposes, entirely for her 

 own subjects dwelhng in England, Wales, and Berwick-on-Tweed, 

 and this was a provision that any planter or other person or persons 

 remaining in Newfoundland should not do thus and so. When 

 England abandoned that extreme restrictive pohcy and began to 

 permit people to go to Newfoundland the statutes wiped out that 

 among other restrictions. There had been also a provision in the 

 Act of 1699. which was read here by Mr. Turner and commented 

 upon, and which provided against the bounty fishermen. 



The President: Will you permit me, Mr. Senator Root, to 

 draw your attention to the proviso that is contained in the Order- 

 in-Cotmcil of 1670, p. 519, of the British Appendix ? The second 



