BRITISH, COLONIAL A.ND OTHER CORRESPONDENCE, ETC. 455 



based on an interpretation that would not hold water in a police 

 court. Just one word more before recess. The Premier in answer- 

 ing his, Mr. Morine's argument, that he would get no legal man to 

 take the same view as that taken by him, the Premier, cited an 

 American lawyer. Mr. Morine would like to amend his former 

 statement and say that it would not be possible to get any good law- 

 yer to take this position unless he were paid to do so. Dwight 

 Foster, the authority cited by the Premier, was paid to take this 

 position, and to make the concessions which we granted to the Ameri- 

 cans, and for which we were seeking to get paid, appear as small as 

 possible, and he was only doing his duty as representative of the 

 United States. He, Mr. Foster, argued thus : " You ought not get 

 anything for the herring fishery, because it is a strand fishery and 

 you will not allow us to land on the strand." The commissioners, 

 however, did not entertain that argument. The lawyers on the 

 other side combatted it successfully, and the award of the commis- 

 sion was given in favour of the argument of the other side that the 

 right to take herring included the right to do all things necessary 

 for the enjoyment of the conceded rights, and in accordance with 

 that the commission awarded this country one million dollars for the 

 advantages which we had been extending to the Americans. 



The house took recess till 8 p. m. 



Mr. SPEAKER resumed the chair at 8 p. m. 



Mr. MORINE. When the house had risen for tea he had been debat- 

 ing the question of American rights on the coast of the island under 

 the treaty of 1818. This was more or less a question for lawyers to 

 interpret, and it might seem a very great waste of time to argue it 

 here, and so it would be if it was a question that the courts were 

 called upon to decide; but as a matter of fact, this legal question is 

 of the greatest importance, as upon it rests the winter herring fishery, 

 and upon it he would say rested the fate of the bill now before the 

 house. He would pay the members the compliment of believing that 

 this was a question of great weight with them ; for upon the interpre- 

 tation of the treaty of 1818 hangs the fate of the winter herring fish- 

 ery. The Premier had argued that the Americans had no rights in 

 the bays or harbors of any part of the Island of Newfoundland, and 

 because the herring fishery is prosecuted in the bays or harbors, 

 therefore the Americans cannot carry it on. The Premier also said 

 the Americans must have herrings, and they must get them from us, 

 under an export duty to be provided for if necessary, but if we pre- 

 vent them they cannot have them. The Premier's argument also 

 admits that the herring fishery cannot be taken away from the 

 Americans ; but the fact remains ; we are simply taking it away from 

 our people and giving it into the hands of the Americans. He felt 

 sure that members would not vote for this measure, that so affected 

 their constituents, by handing over to Americans that which they had 

 enjoyed an enactment that prevented our people selling, but com- 

 pelled the Americans to catch for themselves. He would endeavor 

 to show that the bill was worse than useless. The members of the 

 house had had the opinion of the Premier and now they had his to 

 the contrary; but before the bill passed he wished the Premier would 

 take the opinion of competent persons outside the house before pro- 

 ceeding further. In order to get members to vote upon this bill, 

 who would be affected thereby, he presumed the Premier had clearly 



