ARGUMENT OF MR. ROOT i6i 



"The local regulations of the last mentioned description, altho' issued 

 in many counties, & having the force of law were not included in the collec- 

 tion, pubUshed from H.M.'s Stationery Office in 1853, because, as appears 

 from a despatch from Sir E. Head to the Duke of Newcastle, which is printed 

 in page 37 of that paper, — of which yr Ex no doubt has a copy, — these 

 regulations were at the time- considered to be immaterial, inasmuch as they 

 do iiot affect the outside fisheries." 



Then he goes on to say he thinks that they ought to be included 

 and made known. This paper, which he sent on, is what Lord 

 John Russell sent him from the Colonial Office. So the Tribunal 

 will perceive that if these magistrates made any local regulations, 

 they were of such a character that they did not affect outside fisher- 

 men, and they were not printed, so that anybody could ever know 

 what they were. They were not included in the printed copy of 

 laws relating to fishing. 



Still further: Mr. Crampton, the British Minister at Washing- 

 ton, transmits the laws which Mr. Manners Sutton had — 



Judge Gray: Pardon me, Mr. Root. Do I understand, in the 

 middle of the next to the last paragraph of that letter from which 

 you read on p. 205 of the British Appendix, that the language 



"These regulations were at the time considered to be immaterial, inas- 

 much as they do not affect the outside fisheries " 



referred to the bank fisheries ? 



Senator Root: I should suppose not. I should suppose that 

 they did not affect any fisheries except those of the inhabitants; 

 the fishery as carried on from the shore. 



JxiDGE Gray: They do not affect the outside fisheries? 



Senator Root: They do not affect the fisheries by outsiders. 



Judge Gray: That is just what I wanted to get at — what the 

 meaning of it was: as to whether it was fisheries by outsiders, or 

 fisheries that were outside of these waters. 



Senator Root: That is what I suppose to be the reason. At 

 all events, the point is that they were not pubHshed; they were 

 not included in the publications of the fishery laws relating to the 

 provinces, and the reason is that they did not affect the outside 



