1266 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Now, Sirs, it does seem to me to be an embarrassment for counsel 

 that they have to argue against the meaning of a word, and 

 763 that they find it to be quite impossible to present their argu- 

 ment without using, and constantly using, that word in the 

 very sense that they say cannot be attributed to it in the document 

 which they are discussing. 



Having taken up those of Mr. Warren's arguments which I think 

 can be well separated from what I shall afterwards have to say to 

 the Tribunal, I wish to supply such explanation as I can in answer 

 to a question put by the President of the Tribunal some days ago, 

 as to the appearance of the words " Gulf of St. Lawrence " in the 

 treaty of 1783. I think some light can be thrown upon that point. 



If we go back to the proceedings of Congress in 1779, we shall find 

 that the question of the Gulf of St. Lawrence was evidently under 

 discussion. On the 23rd February, a Committee of Congress made a 

 report, and that report will be found in the British Counter-Case 

 Appendix, at p. 10. Near the foot of the page, under the No. " 3," 

 this will be found as one of the ultimata : 



" That a right of fishing and curing fish on the banks and coasts 

 of the Island of Newfoundland, equally with the subjects of France 

 and Great Britain, be reserved, acknowledged, and ratified to the sub- 

 jects of the United States." 



There is nothing there, as the Tribunal will observe, about the 

 Gulf of St. Lawrence. 



Then, if we go to p. 12, when that report was under consideration 

 in Congress, in Committee of the Whole House, the Tribunal will 

 find at p. 12 the form that the Congress gave to the recommendation 

 of the Committee. I read from p. 12, under No. " 3 " again : 



" That a common right in these States to fish on the coasts, bays 

 and banks of Nova Scotia, banks of Newfoundland, and Gulph of 

 St. Lawrence, coast of Labrador and streights of Belleisle, be ac- 

 knowledged," 



So that they inserted the words " Gulf of St. Lawrence " there. 



Then, having come out of Committee of the Whole, and Congress 

 dealing with the matter, the Tribunal will find on p. 14 a resolution 

 to reconsider the article. It is not necessary to read what was pro- 

 posed to be substituted, because there is no difference with reference 

 to the Gulf of St. Lawrence. 



On p. 17 the Tribunal will find a recasting of the whole subject. 

 It had been discussed and re-discussed, and amendments had been 

 suggested, and finally they agreed to clean the slate and commence 

 again. Mr. Gerry brought in a series of resolutions on the 19th 

 June, which commence at the foot of p. 16 and go on to p. 17. The 

 first of those resolutions (commencing at the foot of p. 16) is as 

 follows : 



