ARGUMENT OF SIB JAMES WINTER. 977 



did, under that pretence, it was feared that there would be violations 

 of the customs and other laws. 



JUDGE GRAY : Your contention is that they had no right to go into 

 the ports and harbours on the west coast? 



SIR JAMES WINTER : Yes, Sir. 



JUDGE GRAY: Then that pretence that you suggested would not 

 have availed them? 



SIR JAMES WINTER: No; if they were up there, and were there 

 bond fide in the prosecution of the fishery, there would be no neces- 

 sity for these restrictions for the purpose of watching them when 

 they came in. It was only irr order that they should be under re- 

 strictions going into the other parts of the coast, a long distance from 

 where they had the right to catch fish. It was the coast that was 

 left open to them : " On one part of the coast you can go and catch 

 fish; on another part you are not to go into the bays, creeks, and 

 harbours, except for shelter, wood, and water, and for no other pur- 

 poses whatever." 



Then, with all respect, I would make this observation : That with 

 regard to the Newfoundland west coast and this is the remarkable 

 feature in the case, that shows clearly that it was intended that they 

 should -not come into the creeks, bays, and harbours of the west coast, 

 or rather that they should not have the right to do so, even to catch 

 fish that on the part of the coast from Cape Ray to Quirpon, they 

 had not the right to dry and cure their fish there ; the intention being 

 really, as I have said, to give them the benefit of catching the fish on 

 the coasts outside, for whatever it might be worth; and it was not 

 considered of any value by either party, at that time or since. 



JUDGE GRAY : Pardon me if I interrupt you again. I am interested 

 in getting your exact contention. 



SIR JAMES WINTER: I am very glad to have you ask any ques- 

 tions, Sir. 



JUDGE GRAY : Do you think it reasonable to suppose that the nego- 

 tiators of the treaty of 1818 intended only to protect those fishermen, 

 by giving then shelter, who happened to be on the non-treaty coasts, 

 and leave entirely unprotected, so far as treaty stipulations were con- 

 cerned, those unfortunate fishermen who happened to be on the west 

 coast in stress of weather? 



SIR JAMES WINTER: Yes, Sir; for the reason that I cannot help 

 repeating too often, that on the west coast it was never contemplated 

 or expected that they would be there at all. There is no fishery for 

 them to prosecute. The only fishery of any value that was in the con- 

 templation of either party at that time was either out in the deep 

 waters in the banks at the south of Newfoundland, or down on the 

 coast of Labrador; and the ports on the south and west coast were, 



