ARGUMENT OF SIR JAMES WINTEE. 963 



ing; and of course that meant, at that time, cod-fishing, because there 

 was no other fishery in the contemplation of the parties. It is clear, 

 beyond all question that in that treaty, although the words " fish of 

 all kinds " are used that when the negotiators sat down to negotiate 

 the treaty, they were thinking of nothing but the cod fishery. That is 

 very plain, and I shall refer to evidence, as I proceed, that fully estab- 

 lishes that fact. 



THE PRESIDENT: According to the treaty of 1783, I suppose the 

 Americans had the right of entering the bays? They were not ex- 

 cluded from the bays in 1783? 



SIR JAMES WINTER : The terms of the treaty of 1783 are very broad. 



THE PRESIDENT: Yes. 



SIR JAMES WINTER : And the word " coast " is there. 

 577 THE PRESIDENT: There was in that treaty the use of the 

 term : " on such part of the coast of Newfoundland as British 

 fishermen shall use? " 



SIR JAMES WINTER : Yes. 



THE PRESIDENT: Under these terms, I suppose they had the right 

 of entering the bays also, because, in accordance with the treaty of 

 1783, the American fishermen were not excluded from the territorial 

 waters of Great Britain. They were admitted to the territorial 

 waters. 



SIR JAMES WINTER: They were not excluded; that is, however, 

 with all respect, begging the question whether they were excluded, 

 whether the word " coasts " allowed them to come into the bays and 

 harbours or not. The same question may be raised. 



DR. DRAGO: If the British were allowed to enter, the Americans 

 were allowed also. 



SIR JAMES WINTER : Of course 



DR. DRAGO : Because they were allowed to fish in the same parts as 

 the British fishermen. 



SIR JAMES WINTER : No " such part of the coast as British fisher- 

 men shall use." The meaning of the word " coast " is still open. It 

 says : " As the British fishermen shall use." It does not follow posi- 

 tively that they must enter the bays, creeks, and harbours also. That 

 may have been the intention of the parties, or it may not; but the 

 word " coast " is not clearly capable of such meaning. 



DR. DRAGO : But is it a fact that the British entered the harbours 

 and the Americans too, according to the treaty? 



THE PRESIDENT : Under the treaty of 1783 ? 



DR. DRAGO : I am not discussing the word " coast " in this instance, 

 but I am asking whether it is or not a fact that the Americans en- 

 tered the harbours and creeks, and the British also. The Americans 

 were allowed to use the same harbours and the same fishing waters 

 as the British? 



