ARGUMENT OF MR. ROOT 337 



assembled, and by the authority of the same, That from henceforth it shall 

 and may be lawful for all His Majesty's subjects residing within this his realm 

 of England, or the dominions thereunto belonging, trading or that shall trade 

 to Newfoundland, and the seas, rivers, lakes, creeks, harbors in or about 

 Newfoundland, or any of die islands adjoining or adjacent thereunto, to have, 

 use, and enjoy the free trade and traffic, and art of merchandise and fishery, 

 to and from Newfoimdland," etc. 



There is an industrial enterprise vastly important to the country, 

 to the nation, which is authorizing its subjects to engage in it. 



In the second place, it appears beyond dispute that it was the 

 universal custom to employ aliens as well as citizens of the country 

 in which the vessel was owned in such enterprises. That cannot 

 well be disputed, in view of the other British statutes which are 

 here. For example, the British statute of 1663, which is in the 

 British Counter-Case Appendix, at p. 213, and which provides, in 

 Article 16: 



"And for the Encouragement of the Herring and North-Sea Island, and 

 Westmoney Fisheries, (2) be it enacted, and it is hereby enacted by the Author- 

 ity aforesaid. That from and after the first Day of August which shall be in 

 the Year of our Lord one thousand six hundred sixty and four, no Fresh Her- 

 ring, Fresh Cod or Haddock, Coal-fish or Gull-fish, shall be imported into 

 England, Wales, or the Town of Berwick, but in EngUsh-bmlt Ships or Vessels, 

 or in Ships or Vessels bond-fide belonging to England, Wales, or the Town of 

 Berwick, and having such Certificate thereof as is above-said, and whereof 

 the Master and three Fourths at the least of the Mariners are EngHsh, and 

 which hath been fished, caught and taken in such Ships or Vessels." 



And the Act of 1775, in the British Appendix at p. 543, provides 

 in the first article for the payment of bounties to vessels which 



"shall appear by their register to be British bmlt, and owned by His Majesty's 

 subjects residing in Great Britain or Ireland, or the islands of Guernsey, 

 Jersey, or Man; and be of the burthen of fifty tons or upwards, and navigated 

 with not less than fifteen men each, three-fourths of whom, besides the master, 

 shall be His Majesty's subjects." 



You see the stress is laid upon the ownership of the vessel and 

 the construction of the vessel. It must be British built and owned 

 by His Majesty's subjects. But the crew are required to be three- 

 fourths subjects of His Majesty; of course, permitting one-fourth 

 not to be, and showing quite clearly the custom which made it 

 necessary to put such a restriction upon them, the custom which 



