ARGUMENT OF MR. ROOT 341 



they are permitted to engage, as they are permitted by this statute, 

 in the fishery business, they are not exercising any right of theirs; 

 they are acting as the hand of the British subject who has the right 

 to carry on the fishing industry. It is quite independent of any 

 right of their own. They would need no right of their own. It is 

 his right that quahfies them to be there. 



A similar result follows from the statute of 1775 relating to a 

 different kind of fishing or quasi-fishing industry. That is at 

 p. 543 of the British Appendix. If the Tribunal wiU turn to 

 Articles 10 and 11, on p. 545, the following will be observed: 



"And it is hereby further enacted by the Authority aforesaid, That from 

 and after the first Day of September, one thousand seven hundred and seventy- 

 five, it shall and may be lawful for any Person or Persons to import into this 

 Kingdom any raw and undressed Seal Skins taken and caught by the Crews 

 of Vessels belonging to and fitted out either from Great Britain, Ireland, or 

 the Islands of Guernsey, Jersey, or Man respectively, and whereof the Captain 

 or Master and Three-fourths at the least of the Mariners are his Majesty's 

 Subjects, or by Persons employed by the Masters or Owners of such Vessels, 

 without paying any Custom, Subsidy, or other Duty, for the same, any Law 

 or Usage to the contrary notwithstanding." 



The Tribunal will see that contemplates the employment of 

 persons who, themselves, have no right granted to them. Then, 

 Article 11 reads: 



"Provided always, That nothing in this Act shall extend, or be construed 

 to •extend, to give Liberty of importing any such Seal Skins Duty-free, unless 

 the Captain or Person having the Charge or Command of such Ship or Vessel 

 importing the same shall make Oath before the Collector or other Principal 

 Officer of the Customs at the Port of Importation (who is hereby authorized 

 and required to administer such Oath), that all the Skins imported in such 

 Ship or Vessel were really and bond-fide the Skins of Seals taken and caught 

 by the Crews thereof, or by Persons employed by the Master or Owner of 

 such Ship or Vessel, or of some other Ship or Vessel qualified as aforesaid." 



It is the qualification of the vessel, and the privilege is given 

 quite irrespective of the nationality of the persons employed, except 

 that it is required that three-fourths of the crew, three-fourths of the 

 mariners, shall be English. One-fourth may be ahens to England. 

 And the qualified vessels, qualified by having three-fourths of their 

 mariners English, and by belonging to or being fitted out in Great 

 Britain, carry along with them the right of having the benefits of 



