ABGUMENT OF JOHN S. EWART. 1267 



" That it is essential to the welfare of these United States that the 

 inhabitants thereof, at the expiration of the war, should continue to 

 enjoy the free and undisturbed exercise of their common right to fish 

 on the banks of Newfoundland, and the other fishing banks and seas 

 of North America, preserving inviolate " &c. 



The Gulf of St. Lawrence was left out. Why the Gulf of St. 

 Lawrence is left out is very obvious. They left out also " coasts " 

 and " bays," which were in the previous resolutions. They had come 

 to recognise that they had no right to the territorial fisheries of Great 

 Britain, and although in the previous resolutions they had put in 

 everything, " coasts and bays," as well as " Gulf of St. Lawrence," 

 now, with greater light, they make no claim to the Gulf of St. Law- 

 rence or to the coasts and bays, and they confine themselves to the 

 fishing banks and seas of North America. I need not go through the 

 rest of the resolutions, because there is no variation afterwards upon 

 that point. There is a variation with reference to the disclaimer 

 which is inserted as to 3 leagues; but as to that I shall have to speak 

 afterwards. 



That much light we get from the proceedings of Congress. If we 

 go to the negotiations, a little additional light is thrown upon the 

 subject. 



The Tribunal may remember that there were in all five drafts of 

 this treaty of 1783. The first was drawn by Mr. Jay, and com- 

 mences at p. 71 of the British Counter-Case Appendix. The clause 

 relating to the fisheries is upon p. 72, under the No. 3 : 



" 3. That the subjects of His Britannic Majesty and people of the 

 said United States shall continue to enjoy unmolested the right to 

 take fish of every kind on the banks of Newfoundland and other 

 places where the inhabitants of both countries used formerly, viz. 

 before the last war between France and Britain, to fish ; and also to 

 dry and cure the same at the accustomed places, whether belonging 

 to His said Majesty or to the United States. And His Britannic 

 Majesty and the said United States will extend equal priviledges and 

 hospitality to each other's fishermen as to their own." 



764 There is nothing about the Gulf of St. Lawrence there. Mr. 

 Jay was proceeding upon the principle of the final resolution 

 of Congress in 1779. 



At p. 84 we find an indication that the United States were seeking 

 to get a right to fish in the Gulf of St. Lawrence. At p. 84 is a letter 

 from Mr. Strachey, one of the British Commissioners, to Mr. Town- 

 shend, who was then Colonial Secretary, under date of the 8th 

 November, 1782, and in the third paragraph this will be found : 



" No. 3 is what I contended for, as the proper article concerning 

 the fishery, which I take to be precisely consonant with your inten- 

 tion. After a little dispute, they gave up the point of drying fish on 

 Newfoundland ; but they insisted upon a right to fish in the Gulf of 



