ARGUMENT OF MR. ROOT 177 



take care to communicate to the British Minister at Washington, with whom 

 I have already been in correspondence on the subject to which it relates. 



"2. You wiU perceive by this Report, which is entirely accordant with 

 that of the late Attorney-General, Mr. Archibald, dated July 5th, 1853, copy 

 of which was transmitted with my predecessor's despatch, No. 46, July 12th,' 

 1853, that there are in fact no Laws or Regulations whatever relating to the 

 Fisheries practically in force in this Colony. 



The President: The Attorney-General in the enclosed letter 

 says: 



"apart from the common law of England, which is in operation here" . . . 

 "there are no special enactments of the Local Legislature in operation here 

 for the regulation of the fisheries." 



Sir Charles Fitzpatrick: What would be the common law 

 of England mider these circumstances ? 



Senator Root: I should not Hke to answer that question. 



Sir Charles Fitzpatrick: Would the statutes in force at the 

 time in England, appHcable to Newfoundland, be part of the com- 

 mon law of England at that time ? 



Senator Root: I do not know what he meant, but it is evident 

 what the Governor thought he meant. 



The President: And what would be the consequence of the 

 repealing, by theAct of 1824, of the part of statute of 1775, by which 

 it was enacted that fishermen on the Newfoundland banks, or, 

 perhaps, on the Newfoundland shores, are not Hable to restraint 

 concerning the hours and days of working? 



Senator Root: I do not suppose that would impose a restraint. 



The President: Would it impose a restraint, because the 

 repealing act had been repealed? That is a very complicated 

 question. 



Senator Root: It is evident it was not considered there was 

 any practical restriction, and that is all we really have to do with. 



If the expiration of the. Act of 1824 wiped out the repeal, it rein- 

 stated that provision, and there were no restrictions to be reinstated. 



Now I wish to ask your attention to the express provisions 



