ABGUMENT OF JOHN S. EWABT. 1271 



out liberty, but they cannot go on the shore without liberty ; and the 

 treaty was intended to give them liberty to go on the shore of any bay. 



THE PRESIDENT : But the right of drying and curing is only on the 

 treaty coast, but nowhere on the non-treaty coast? 



MR. EWART: In the 1818 treaty? 



THE PRESIDENT : Yes ; only on the treaty coast and not on the non- 

 treaty coast? 



MR. EWART: I was speaking more particularly of the 1783 treaty, 

 where there is a right to dry and cure everywhere except on New- 

 foundland, and there I say it is perfectly clear, or we submit it is 

 perfectly clear. 



THE PRESIDENT : But the question of Mr. Justice Gray touched the 

 treaty of 1818, not the treaty of 1783. 



JUDGE GRAY : I thought you were referring to the treaty of 1818. 



MR. EWART : I was. 



THE PRESIDENT : In your last remarks you were. 



MR. EWART: The argument as to the 1818 treaty is this, that getting 

 away from any difficulty about treaty or non-treaty shores, the United 

 States was renouncing, as to drying and curing, the liberty which 

 they had got under the treaty of 1783 ; that that liberty was a liberty 

 to dry and cure in all the bays ; and that, therefore, the renunciation 

 applies also to all the bays. 



The next observation I make with respect to this treaty of 1818 is, 

 that the renunciation is not merely of a liberty to fish within 3 miles 

 of any of the coasts, bays, creeks, or harbours, but " on " any of the 

 coasts, bays, creeks, or harbours ; and it seems to me to be impossible 

 to contend that if the United States renounce the liberty to fish on 

 " any bay," that nevertheless they have a right to fish on some of the 

 bays. 



Now, Sirs, I pass from that line of argument and take up some 

 of the events that occurred in the history of the question. Com- 

 mencing in 1824, I merely stop to correct a misapprehension that 

 Mr. Warren fell into with reference to our suggestion as to the 

 mackerel fishing in the bays at that time. We did not say it was 

 not our contention that there was no fishing in the British bays 

 at that time. What we did say, and what we supported by reference 

 to Representative Tuck, Mr. Dana, and others, was this, that until 

 1836, or thereabouts, until after 1830 at all events, there were plenty 

 of mackerel on the United States coast, and that a change in the 

 habits of the mackerel led to the incursion of the American fisher- 

 men into British waters, and brought about the difficulty. Mr. 

 Warren quoted a number of authorities for the purpose of showing 

 there was fishing all the time in British bays. That is perfectly true. 

 It does not, however, at all affect the point which we make. 



