196 FISHERIES ARBITRATION AT THE HAGUE 



"Nothing in this Act or any rules and regulations to be made hereunder 

 shall be construed to afEect the rights and privileges granted by treaty to 

 the subjects of any state or power in amity with Her Majesty.' 



So that it covered all regulations made under that statute by 

 the department which is the department still in operation. 



I say I do not know when the change occurred, but I do know 

 that there was a considerable period during which Newfoundland 

 did not consider that her fishery regulation statutes applied to 

 Americans ; and the first bit of evidence upon that point is in a letter 

 from the Duke of Newcastle to Governor Bannerman of the 3rd 

 August, 1863, which appears in the United States Case Appendix 

 at p. 1082. This is headed: "Copy of a despatch from the Secre- 

 tary of State for the Colonies in reply to a request from the Governor 

 that a copy of a draft bill for regulating the fisheries may be looked 

 over, and any parts pointed out, such as probably might not be 

 sanctioned by the Crown." 



This is the year after the Act of 1862 was passed — that first 

 Act regulating the fisheries. 



Sir Charles Fitzpatrick: Are these words in italics on the 

 original document ? 



Senator Root: Well, I really do not know. Mr. Anderson 

 can tell. Mr. Anderson calls attention to the fact that there is a 

 preceding line: "Extracts from the journal of the Legislative 

 Assembly of Newfoundland, 1864." That is where we got it. 



Sir Charles Fitzpatrick: Yes. 



Senator Root: And these words that I have read appear in 

 that journal. I suppose they are the description of the despatch 

 by the clerk or secretary, or whoever made up the journal; but it 

 appears to be a correct description or syllabus of the letter. 



The Duke acknowledges the letter of the Governor, and the 

 copy of the proceedings of the committee appointed to inquire into 

 the state of the fisheries, together with a draft Bill, and says: 



"I apprehend that it is not your expectation that I should express an 

 opinion respecting the practical modes of conducting those fisheries." 



And then he says: 



