1268 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



St. Lawrence, and in all other places, where they and we used for- 

 merly to fish ; " 



and so on. 



We get another view of the controversy that was going on at p. 

 87 of the Appendix to the British Counter-Case, in Mr. Oswald's 

 " observations " with respect to the second draft of the treaty, which 

 draft I am going to read in a moment, and in which the Gulf of St. 

 Lawrence appears. At p. 87, about the middle of the page, I read : 



" He also said : " 

 Meaning Dr. Franklin 



" ' I observe as to catching -fish you mention only the banks of New- 

 foundland. Why not all other places, and amongst others, the Gulf 

 of St. Lawrence ? Are you afraid there is not fish enough, or that we 

 should catch too many; at the same time that you know that we 

 shall bring the greatest part of the money we get for that fish to 

 Great Britain to pay for your manufactures? ' He agreed it might 

 be proper not to have a mixture of their people with ours for drying 

 on Newfoundland, but supposed there would be no inconveniency in 

 throwing on shore their fish for a few days on an unsettled beach, 

 bay. or harbour on the coast of Nova Scotia" 



The second draft of the treaty at least, the part of it that I wish 

 to refer to, is found upon p. 86. This is a draft supposed to have 

 been drawn by Mr. Adams, and at the very top of the page will be 

 found the clause relating to the fisheries. I need not read it. All 

 I wish to call attention to is that the Gulf of St. Lawrence is inserted 

 there between the " Banks of Newfoundland " and " all other places 

 in the sea." Those two were in the previous draft of Mr. Jay. Now 

 in this one, after the discussion to which I have alluded, Mr. Adams 

 inserts the gulf. I need not continue the investigation any further. 

 The British Government declined to agree to the Gulf of St. Law- 

 rence to begin with, but finally assented. 



That, so far as I am aware, is all the light that can be thrown 

 upon the question. 



Now, Sirs, just a few words with reference to the construction of 

 these treaties. First, as to the treaty of 1783 : It seems to me that the 

 word "bays" there must necessarily mean the larger bays. The 

 President of the Tribunal put it to Mr. Warren, when he was speak- 

 ing, as to whether the word " bays," as used in that treaty, would not 

 include the larger bays the reference being to the liberty to dry and 

 cure fish in any of the " unsettled bays, harbours, and creeks of Nova 

 Scotia," &c. ; and the answer of Mr. Warren was, in effect : " No, 

 because the American fishermen would have a right to go into the 

 larger bays without any provision in the treaty, for those larger bays 

 would be open sea." The answer, however, I think, is quite unsatis- 

 factory ; because, although the fishermen might, under Mr. Warren's 



