ARGUMENT OF SIB JAMES WINTER. 923 



under the treaty of 1818 had its principal value in the opportunity of 

 procuring bait? 



SIR JAMES WINTER: No; just the contrary, I think. Will you 

 repeat that question? 



JUDGE GRAY : I understood you to say that the only reason, or the 

 principal reason, of American fishermen to come into the harbours, 

 or the coastal or territorial waters, was for the procurement of bait ? 



SIR JAMES WINTER : Oh, yes. 



JUDGE GRAY : And that it was the principal value of the liberty of 

 fishing ? 



SIR JAMES WINTER : No ; not of the liberty of fishing. 



JUDGE GRAY : I ask you what other fish than herring ? 



SIR JAMES WINTER : None. 



JUDGE GRAY : Or cod-fish ? 



SIR JAMES WINTER: But they had no liberty to come in to pur- 

 chase bait. The treaty gives them no liberty to come in to purchase. 



JUDGE GRAY: I understand that. 



SIR JAMES WINTER : Yes. 



JUDGE GRAY: There was really then no object, under a strict con- 

 struction of the privilege granted by the treaty of 1818 there could 

 have been no object for their resorting there at all, unless it was to 

 catch cod-fish, which you say 



SIR JAMES WINTER : They never did. 



JUDGE GRAY: And the fishery was so small that it practically was 

 not exercised ? 



SIR JAMES WINTER : Oh, yes ; that is so. 



JUDGE GRAY: Then I understood you to say there were no other 

 fish than herring and cod ? 



SIR JAMES WINTER : No other fish than herring and cod. 



JUDGE GRAY: Haddock or halibut? 



SIR JAMES WINTER : Not in Newfoundland waters. 



JUDGE GRAY: Mackerel? 



551 SIR JAMES WINTER: No, sir; very few, a little, halibut was 

 found some years, but not in the treaty waters 



JUDGE GRAY: I mean the treaty waters. 



SIR JAMES WINTER : Afterwards, under the treaty of 1854 or 1871, 

 they may have caught a few halibut, a very few, in other parts, not 

 on the treaty coast farther eastward in Fortune Bay, or possibly 

 upon the west coast. 



JUDGE GRAY: Where were the mackerel caught? 



SIR JAMES WINTER : We have no mackerel. 



JUDGE GRAY: None? 



SIR JAMES WINTER : The mackerel disappeared from the coasts of 

 Newfoundland many years ago. There has been no mackerel fishery. 



