2i6 FISHERIES ARBITRATION AT THE HAGUE 



law, and that order in council appears at pp. 230 and 231 of the 

 British Appendix. Perhaps I should not have described it as an 

 order in council. It was in the form of a report of a committee of 

 the Privy Council, approved by the Governor- General. I do not 

 know whether that should properly be called an order in council 

 or not. 



• 

 Sir Charles Fitzpatrick: When it is once approved, it be- 

 comes an order in council. 



Senator Root: Very well, then; I will revert to my 

 description. 



At the end of p. 230 of the British Case Appendix, I read: 



"The Committee having had under consideration the reports of the 

 Minister of Marine and Fisheries, dated respectively the isth and 20th ult., 

 in connection with certain despatches from Lord Granville, on the subject 

 of protecting the fisheries of Canada, beg to recommend: 



"That the system of granting fishing licenses to foreign vessels, under 

 the Act 31 Vic, c. 61, be discontinued, and that, henceforth, foreign fishermen 

 be not permitted to fish in the waters of Canada." 



The Tribunal will perceive that in that order in council they 

 omitted the limitation which the statute contained; and when this 

 statute was sent to the government of the United States, it was 

 sent with the order in council. The correspondence appears at 

 pp. 580 and 581 of the American Appendix. 



Mr. Thornton — Sir Edward Thornton by that time, I think — 

 sends to Mr. Fish, in a note of the 14th April, 1870, a copy of a 

 despatch from the Governor-General of Canada, at the top of p. 580 

 of the American Appendix. In that despatch is a statement of 

 the provisions of the Act of 1868 to which I have referred, and also 

 a statement of the order in council to which I have referred, quoting 

 the terms of the order in council — not quoting the limitation in 

 the Act, but quoting the words of the order: "that henceforth all 

 foreign fishermen shall be prevented from fishing in the waters of 

 Canada." And thereupon Mr. Fish writes back to Mr. Thornton 

 a letter which appears on p. 581, dated the 21st April, 1870, 

 acknowledges the receipt of this statute and this order in council, 

 and calls attention to the fact that the language of the order in 



