ARGUMENT OF SIE JAMES WINTER. 985 



and, even now, under the treaty, it is not given to the Americans to 

 dry and cure on that part of the coast. The most then that the 

 British Plenipotentiaries could give would be the right to catch the 

 fish on the coast outside, if they chose to do so, if there were any 

 fish for them to catch. 



Then I will ask the Tribunal to look at p. 94 of the British Case 

 Appendix, where Messrs. Gallatin and Rush send their report to the 

 Secretary of State, accompanying the treaty, stating how the nego- 

 tiations have proceeded, and what they have accomplished. And, 

 this appears: 



" We succeeded in securing, besides the rights of taking and curing 

 fish within the limits designated by our instructions as a sine qua non, 

 the liberty of fishing on the coasts of the Magdalen Islands, and of 

 the western coast of Newfoundland, and the privilege of entering for 

 shelter, wood, and water, in all the British harbours of North 

 America." 



They there describe that coast of Newfoundland as one coast. 

 " On the western coast." It included a little bit farther around to 

 Quirpon, which is not exactly west, but that is the general descrip- 

 tion they give of the coast, the one limit or area which they called 

 " coast " " the western coast of Newfoundland." 



" Both were suggested as important to our fishermen, in the commu- 

 nications on that subject which were transmitted." 



JUDGE GRAY: They seem to have thought they had secured the 

 privilege of entering, for shelter and so on, all the British har- 



592 bours of North America, from the fourth line of that first sen- 

 tence, which of course would include the harbours on the western 



coast. I refer to the fourth line of paragraph No. 1, " Fisheries ": 



" and the privilege of entering for shelter, wood and water, in all the 

 British harbours of North America." 



SIR JAMES WINTER: Outside of the treaty coast, all the British 

 harbours of North America for shelter, but it did not touch upon this 

 particular area. They did not call particular or specific attention to 

 the matter we are now considering; of course if they had, we should 

 not have been here to-day. 



JUDGE GRAY: But they describe in general terms what they have 

 secured. They had secured certain areas for fishing, and certain 

 areas for drying, and all the areas outside of those limits for shelter. 



SIR JAMES WINTER : I will now ask the attention of the Tribunal 

 to an observation in this report which shows clearly the contention 

 that I have put forward, that these arrangements that were made at 

 that time, that which the parties had in view as the one object of 

 their solicitude on this part of the coast at any rate, had relation 

 to the cod fishery and the cod fishery only. 



