ARGUMENT OF MR. ROOT 163 



There is no Sunday provision. At the ioot of p. 207 of the British 

 Case Appendix, the Tribunal will find them attached to Mr. 

 Marcy's first circular. There is a gurry ground provision; there 

 is a spawning ground provision on the Grand Menan; and there is 

 a provision relating to river protection in certain parishes of New 

 Brunswick. 



That is all down to 1855. That is all the provisions which were 

 deemed worthy to be brought to the attention of the government 

 of the United States as bearing upon the exercise of the Hberty 

 granted by the treaty of 1854 on those coasts : two provisions passed 

 after 1818; and the one which we find a trace of before 1818, and 

 which I dare say came down in the revised statutes, was a provision 

 for river protection. 



The President: Is not that No. 15 for the establishment of 

 a close season? "No herring shall be taken between the 15th of 

 July and the 15th of October in any year." 



Senator Root: On the spawning grounds. 



The President: Yes. It was a close season. 



Senator Root: Yes, on the spawning grounds. And it was 

 approved, and properly approved, by Mr. Marcy when presented 

 to him. And the Tribunal will observe it was presented to him with 

 this understanding, which appears in Mr. Crampton's letter of 

 27th June, 1853, to Mr. Manners Sutton, which will be found on 

 pp. 205 and 206 of the British Case Appendix. The Tribunal will 

 observe in that letter, at the top of p. 206 of the British Case 

 Appendix, that Mr. Crampton says: 



Mr. Marcy entirely concurs with me in the opinion that such a measure 

 would be calculated to prevent the occurrence of any misunderstanding on 

 the part of American fishermen, who may now resort to New Brunswick 

 for the purpose of exercising their newly acquired rights under the Treaty 

 of Reciprocity, and proposes that, after the documents — with which Your 

 Excellency is about to furnish me — shall have been examined by him, and 

 shall have been found, as he doubts not will be the case, to contain no provi- 

 sions inconsistent with the full enjoyment of the American citizens of the rights 

 of fishing secured them by the Treaty, and to direct the 'Collectors of the 

 United States' Customs' to furnish copies of the same to the masters of all 

 the vessels clearing from American ports to the British fisheries." 



