ARGUMENT OF MR. ROOT 153 



fish from the banks, and which employed and involved the use of 

 the shores and waters of Newfoundland as an adjunct to its success- 

 ful prosecution. Lord Elgin correctly gives, as we conceive, the 

 opinion of the government of Great Britain regarding this statute. 

 His letter will be found at p. 986 of the United States Case 

 Appendix, and it bears date the 8th August, 1906. He says at the 

 top of p. 987 : 



"Light dues were presumably not levied in 1818, seines were apparently 

 in use, the prohibition of Sunday fishing had been aboUshed in 1776" — 



that is a misprint for 1775, because it goes on to say "(see 15 

 George III, cap. 31)," which is the Act of 1775 — 



"and fishing-ships were exempted from entry at Custom-house, and required 

 only to make a report on first arrival and on clearing." 



I think it is fairly reasonably to be said that when we came to 

 the making of the treaty in 1783 there was a free hand for the 

 prosecution of the industry such as was contemplated on the part 

 of the American fishermen. 



Sir Charles Fitzpatrick: May I ask you if you can tell me 

 whether or not the new charter referred to at p. 529 of the British 

 Case Appendix, relating to trade and fishery in Newfoundland, is 

 printed anywhere ? Referring to the passage about the middle of 

 the page, I see the following: 



"And on the 27th of January, 1675, His said Majesty, after due con- 

 sideration had of the best ways and means of regulating, securing and improv- 

 ing the Fishing Trade in Newfoundland passed the New Charter which recited 

 and confirmed all the old Laws, and several others were added for the better 

 government of the Fishery." 



I have not been able to find it myself. 



Senator Root: I have not found the record. 



Sir Charles Fitzpatrick: I do not think it is printed. 



Senator Root: Unless it refers to one of these statutes. 



Sir Charles Fitzpatrick: It is dated 17 18. 



Senator Root: No, Mr. Anderson tells me there is nothing in 

 the record to which that corresponds. I was observing that my 



