AEGUMENT OF SIB JAMES WINTER. 975 



Mr. Bagot says, at p. 79 : 



" The free access to each of these tracts cannot fail to offer every 

 variety of convenience which the American fishermen can require in 

 the different branches of their occupation; and it will be observed 

 that an objection which might possibly have been felt to the accept- 

 ance of either of the propositions, when separately taken, is wholly 

 removed by the offer of them conjointly; as, from whatever quarter 

 the wind may blow, the American vessels engaged in the fishery will 

 always have the advantage of a safe port under their lee." 



That could only refer to the coast from Rameau to Cape Ray, on 

 one side, or Labrador, on the other ; because at that time neither party 

 had mentioned the west coast of Newfoundland from Cape Ray to 



Quirpon. 



585 JUDGE GRAY : That would infer that the use of these bays was 

 in times of gales and bad weather? 



SIR JAMES WINTER: Yes. 



JUDGE GRAY: As a refuge and harbour? 



SIR JAMES WINTER : For shelter. 



JUDGE GRAY : For shelter ? 



SIR JAMES WINTER : Oh, yes. That is quite consistent. 



JUDGE GRAY : You do not contend now that there is no right to go 

 in, even for shelter, under the treaty ? 



SIR JAMES WINTER : No ; the treaty does not say anything about it. 



JUDGE GRAY : I know it does not. 



SIR JAMES WINTER : The treaty says nothing about it. 



JUDGE GRAY: But you contend 



SIR JAMES WINTER : What I submit is that the passage I have read 

 shows that, besides the advantage of the fishery, on either place, 

 wherever they might be in those waters, in the deep waters, either 

 outside of Rameau and Cape Ray or down at Labrador, they had 

 the benefit of a place for shelter; that is, they would have it under 

 the treaty secured to them. 



JUDGE GRAY : Under the treaty, on the non-treaty coasts, by special 

 provision the American fishermen are allowed to go in for shelter, and 

 for the four purposes. 



SIR JAMES WINTER : Yes. 



JUDGE GRAY: Now, that is exclusively, so far as the words of the 

 treaty are concerned, confined to the non-treaty coasts? 



SIR JAMES WINTER : Oh, yes. 



JUDGE GRAY : Do you mean to say that they have not that liberty 

 on the treaty coasts, according to your construction ? 



SIR JAMES WINTER : Not under the treaty. 



JUDGE GRAY: Not under the treaty? 



SIR JAMES WINTER: Certainly not. 



JUDGE GRAY: They have no right to go in for shelter? 

 92909 S. Doc. 870, 61-3, vol 10 6 



