546 ORAL ARGUMENT OF SIR RICHARD WEBSTER, Q. C. M. P. 



was inserted because there was a doubt, is proved not to be the fact. 

 At any rate, from the oinnion of Lyman and tlie perusal of a chapter 

 in his book, he states in the most distinct terms that the United States 

 claimed it as a rij>ht, and it was to prevent subsequent interference 

 that that clause was inserted. However, with regard to the incident 

 that led to the first clause, I will just read this passage. 

 On page 124. 



On the side of France, the United States had mnch more to fear. She was disposed 

 to cnrtail their fishing rights and privileges, to maintain Spain in her pretensions 

 respecting her boundaries, and to aid England in exacting a compensation for the 

 loyalists. 



That means for the people who had been true to the British flag. 



A letter written by Mr. de Marbois, secretary of the French legation, from Phila- 

 delphia, dated March 13th, 1782, intercepted and deciphered at the time, if it did not 

 give the first intimation of similar designs in the French Court, strengthened at lease 

 the suspicions before entertained. Mr. de Marbois advised Mr. de Vergeuues to cause 

 it to be intimated to the American Ministers his surprise that Newfoundland fisheries 

 have been included in the additional instructions. That the United States set forth 

 pretensions therein, ivithont jjaiiiufj regard to the kind's (French) rights, and without 

 considering the impossibility they are under of making conquests and of keeping 

 what belongs to Great Britain. It will be better to have it declared at an early period 

 to the Americans that their pretensions to the fisheries of the great Bank are not 

 founded and that his Majesty does not mean to support them. 



Or, in other words, that the French were at that time endeavouring 

 to get, by means of the Treaty between Oreat Britain and the United 

 States, a restriction or limit i)ut upon the United States rights. Tiiat 

 put the United States on the qui vive; or, rather, if it did not actually 

 put them on the qui vive, it increased the suspicions that weie then 

 prevalent as to what the attempt might be; and, accordingly, when the 

 Treaty came to be negotiated, and was negotiated, the first part of the 

 third Article was in these terms. 



It is agreed that the people of the United States shall continue to enjoy unmolested 

 the right. 



I. To take fish of every kind on the Grand Bank and all the other banks of New- 

 foundland. 2. Also in the Gulf of St. Lawrence 3. And all other places in the sea 

 where the inhabitants of both countries used at any time heretofore to fish. And 

 also that the inhabitants of the United States shall have liberty to take fish of every 

 kind on such part of the coast of Newfoundland and as British fishermen shall use 

 (but not to dry or cure the same on that island). 



Then it says : 



"And also on the coast" etc. — giving them coast rights. You will 

 remember. Sir, that quoting from the language of the counsel of the 

 United States, on page 1113 of the unrevised edition, the Attorney 

 General cited the expression : 



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. 



You will observe the expression — "give them up". 



Now we come to that which in my submission is most conclusive proof 

 that our contention is right. You will remember that IMr. Phelps said 

 it never had occurred to a Diplomatist, — an American Eepresentative 

 or anybody else, — to suggest they had this of right. I think it will be 

 scarcely disputed, even for the purposes of this argument, that war puts 

 an end to Treaties. 1 suppose I need not cite instances, (of which there 

 are so many that I might almost call them numberless), of liarticular 

 privileges existing before a war, being put an end to by the war. I 

 need cite no other than this, — that tlie special j)rivileges given by 

 Clause 3 of Article III with regard to the coast were put an end to by 



