ARGUMENT OF MR. ROOT 159 



food and of trade. And they would come along these coasts to 

 the banks and run up to the nearest point where they could get 

 bait to go back to the cod-fishery, and they would never run up 

 into these bays. There was nothing to take them up there. They 

 were fishing for cod, and all along these coasts which bore any rela- 

 tion at all to their voyages to the banks, or any of the banks for 

 cod-fish, there was no regulation of American fishing whatever. 



We have the evidence that Sir Robert Finlay has been good 

 enough to furnish to us here to establish that fact, and the negative 

 evidence that out of fifty-one cases, I think, of seizures of Ameri- 

 can vessels for all causes — a few of them before 1818 — never one 

 was in New Brunswick. There was never a seizure or a complaint 

 or a suggestion of any regulation or of any contact between an 

 American fisherman and the Sunday provision in New Brunswick 

 up the bay, or over 600 miles around from their course to the banks 

 in Miramichi. 



We have stUl further evidence. The Tribunal will remember 

 that in the report of the American Commissioners for the negotiation 

 of the treaty of 1818 they give an account of the renunciation clause 

 and its effect. Permit me to read one paragraph of their report, 

 from p. 323 of the United States Case Appendix. They say. 



"It was by our act that the United States renounced the right to the 

 fisheries not guaranteed to them by the convention. That clause did not 

 find a place in the British counter-projet. We deemed it proper under a 

 threefold view: i, to exclude the implication of the fisheries secured to us being 

 a new grant; 2, to place the rights secured and renounced, on the same 

 footing of permanence; 3, that it might expressly appear, that our renuncia- 

 tion was limited to three miles from the coasts. This last point we deemed 

 of the more consequence from our fishermen having informed us, that the 

 whole fishing ground on the coast of Nova Scotia, extended to a greater 

 distance than three miles from land; whereas, along the coasts of Labrador 

 it was almost universally close in with the shore." 



That was the situation. That means all of this coast along on 

 the way up to the fishing banks (indicating on map). 



We had in 1855, the Tribimal will remember, a consideration of 

 regulations which led to the Marcy circular. And there are some 

 things rather interesting there, in the account of the correspondence 

 and interviews regarding those regulations. On the sth May, 

 1855, Manners Sutton, the Lieutenant-Governor of New Brunswick, 



