ORAL ARGUMENT OF SIR CHARLES RUSSELL, Q. C. M. P. 319 



neiglibourliood of Newfoundland. Those are the two treaties of 1763, the Treaty of 

 Paris with Franco and the Treaty with Spain. Obviously, at that time, Great Britain 

 claimed for herself exclusive sovereignty over the whole Gulf of St. Lawrence and 

 over a large part of the adjacent seas. 



I have already pointed out that she chiimed that under a Treaty, 

 whetlier rightly or wrongly: 



By the Treaty of Versailles in 1783, substantially the same provisions of exclusion 

 were made with reference to the French fishermen Now, in that broad claim of 

 jurisdiction over the adjacent seas, in the right asserted and maintaiued to have 

 Britisli subjects fish there exclusively, the fishermen of New England, as British 

 subjects, shared. Uudoubtedly the pretensions that were yielded to by those Treaties 

 have h)ng siuce disappeared. Nobody believes now that Great Britain has any exclu- 

 sive jurisdiction over the Gulf of St. Lawrence or the Banks of Newfoundland, but 

 at the time when the United States asserted their independence and when the Treaty 

 was formed between the United States and Great Britain, such were the claims of Eng- 

 laud, and those claims had been acquiesced in by France and by Spain. That explains 

 the reason why it was that the elder Adams said he would rather cut oft" his right hand 

 than give up the fisheries at the time the Treaty was formed, in 1783, and that 

 explains the reason why when his son John Quincy Adams was one of the Commis- 

 sioners who negotiated the Treaty of Ghent, at the end of the war of 1812, he insisted 

 so strenuously that notliiug should be done to give away the rights of the citizeua 

 of the United States in these ocean fisheries. 



Now I have a further reference to make to the Committee of Foreign 

 Relations of the United States Senate, coming down a little later. This 

 refers to the Treaty of 1818, and I have already given the reference where 

 that Treaty is to be found. This is the third volume of Wharton's 

 International Law, Section 304. It recites that, 



Whereas diiferences have arisen respecting the liberty claimed by the United 

 States, for the inhabitants thereof, to take, dry, and cure fish on certain coasts, bays, 

 harbors, and creeks of His Britannic Majesty's dominions in America, it is agreed 

 between the Higii Contracting Parties that the inhabitants of the said United States 

 shall have forever, in common with the subjects of Sis Britannic Majesty, the liberty to 

 take fish of every kind on that part of the southern coast of Newfoundland which 

 extends from Cape Ray to the Rameau Islands, on the western and northern coast of 

 Newfoundland, irom the said Cape Ray to the Quirpon Islands, on the shores of the 

 Magdalen Islands, and also ou the coasts, bays, harbors, and creeks, from Mount 

 Joly on the southern coast of Labrador, to and through the straits of Belleisle, 

 and thence northwardly indefinitely along the coast, without prejudice, however, 

 to any of the exchisive rights of the Hudson Bay Company : and that the 

 1102 American fishermen shall also have liberty for ever to dry and cure fish in any 

 of the unsettled bays, harbors, and creeks of the soutliern part of the coast 

 of Newfouudlaud, above described, and of the coast of Labrador; but so soon as the 

 same, or any portion thereof, shall be settled, it shall not be lawful for the said 

 fishermen to dry or cure fish at siich portion so settled without previous agreement 

 for such purpose with the inhabitants, proprietors, or possessors of the ground. And 

 the United States hereby renounce forever any liberty heretofore enjoyed or claimed 

 by the inhabitants thereof to take, dry, or cure fish on or within three marine miles 

 of any of the coasts, bays, creeks, or harbors of His Britannic Majesty's dominions in 

 America not included within the above mentioned limits : provided, however, that the 

 American fishermen shall be admitted to enter sucli bays or harbours for the purpose 

 of shelter and of repairing damages therein, of purchasing wood, and of obtaining 

 water, and for no other purpose whatever. But they shall be under such restrictious 

 as may be necessary to prevent their taking, drying, or curing fish therein, or in any 

 other manner whatever abusing the privileges hereby reserved to them. 



This is solely conversant with the question of fiicilities and advan- 

 tages in territorial waters, and has no reference to the question of open 

 sea fishing. 



Now in reference to that Treaty of 1818, the Committee of Foreign 

 Eelatious of the United States Senate (a reference which is to be found 

 in the United States Papers, No. 109), says: 



Thus it will be seen that the matter to be dealt with was a claim in favour of the 

 inhabitants of tlie United States to do certain things within the territorial dominion 

 of His Majesty, and not a matter touching the right of the inhabitants of the United 



