ARGUMENT OP SIR JAMES WINTEB. 967 



SIR JAMES WINTER: I am referring to p. 89 of the British Case 

 Appendix. 



THE PRESIDENT: If you please, Sir James: Had the French the 

 right to fish in the bays of Newfoundland, prior to the treaty of 

 1818 according to the treaties of Utrecht, Versailles, and Paris? 



SIR JAMES WINTER : The French ? 



THE PRESIDENT : Yes. Had the French the right to fish in the bays 

 of Newfoundland in the nineteenth century? 



SIR JAMES WINTER : Well, I have not looked at the treaty with the 

 French lately. 



THE PRESIDENT: Was it the practice of the French to fish in the 

 bays of Newfoundland ? 



SIR JAMES WINTER : No. I am very clear upon that. 



THE PRESIDENT : It was not ? 



SIR JAMES WINTER: They never caught any fish in the bays. 



THE PRESIDENT : No fish were caught by them in the bays ? 



SIR JAMES WINTER : No. They went into the bays ; but they only 

 went into the harbours for settlement, and to cure and dry their fish. 

 On that part of the coast they never caught any fish, except out on 

 the coasts. They never caught any fish in the bays, harbours, and 

 creeks of Newfoundland. 



THE PRESIDENT : But would they have had the right to ? 

 580 SIR JAMES WINTER: The very same question might arise 

 under their treaty. I have not looked at that. I can look at 

 it and answer it more definitely at another time, if I am permitted 

 the time to look into it. There was no point with regard to the 

 French as to making any distinction ; and it is quite consistent with 

 our contention that the words of the treaty with the French might 

 have given them, even though the word " coast " was used, the right 

 to fish in the bays, harbours, and creeks, if they required it. 



THE PRESIDENT: The bays are not mentioned in the treaty with 

 the French. 



SIR JAMES WINTER: I do not say that even. 



THE PRESIDENT : No ; they are not mentioned, I believe. 



SIR JAMES WINTER: Perhaps they are not. I am quite ready to 

 admit that. 



THE PRESIDENT: I am not sure about it; but I do not believe they 

 are mentioned. 



SIR CHARLES FITZPATRICK : No ; they are not mentioned. 



SIR JAMES WINTER: At the same time the fact remains, as I have 

 stated, that although they have the right to the bays, harbours, and 

 creeks, as a matter of fact they did not use them, and there was not 

 the necessity for making any distinction, and the result does not 

 happen as in this case, where there is a distinction between " coasts " 



