ARGUMENT OF SIR WILLIAM ROBSON. 1613 



was not much English fishing. We could scarcely catch a herring 

 at any time on the west coast of Newfoundland without danger of 

 diplomatic difficulties with France. So that probably, I should say 

 certainly, there had been no user there. 



Well then, what about Labrador and the north coast? Before this 

 treaty, certainly before the revolution, before the treaty of 1783, no 

 United States vessel had ever been near Labrador, none. They had 

 no user. 



Labrador is rather a striking instance, so that I may give the ref- 

 erence. United States Case Appendix, vol. ii, p. 1194, a report made 

 by Mr. Sabine. We all know his report very well. He says there 

 was no fishing on Labrador until after the revolution : 



"As I have examined the scattered and fragmentary accounts of 

 Labrador, there is no proof whatever that its fishing grounds were 

 occupied by our countrymen until after we became an independent 

 people." 



And there is another passage to which I do not think I need trouble 

 the Tribunal to refer, in which it is said that it was not until the very 

 end of the eighteenth century that any American fishermen went to 

 Labrador. 



Then what about the southern coast of Newfoundland? That is 

 the only remaining bit of fishery. There there had been a statute, 

 and we have had it quoted again and again, the statute of 1699, which 

 appeared to give general rights to colonists to fish off Newfoundland ; 

 but in 1775, that is after the troubles began, a statute was passed, no 

 doubt during the time of hostilities, and animated possibly by some 

 spirit of hostility in 1775 a statute was passed by the British Im- 

 perial Parliament limiting that right to British subjects, and saying, 

 that the right to dry and cure shall not be exercised except by British 

 subjects. It says [British Case Appendix, p. 544] : 



"And in order to obviate any doubts that have arisen, or may arise, 

 to whom the privilege or right of drying fish on the shores of New- 

 foundland does or shall belong, under the before mentioned Act, made 

 in the tenth and eleventh years of the reign of King William the 

 Third, which right or privileges has hitherto only been enjoyed by 

 His Majesty's subjects of Great Britain, and the other British domin- 

 ions in Europe;" 



So that, when we come to think of the tremendous case made against 

 us about this antecedent right, and how important it was, let us see 

 what was said about it. It was said. I think, that they had an equal 

 right to those fisheries. P. 9 of the United States Case : 



" The people of the Massachusetts Bay Colony and of the other 

 Colonies had continuously and freely resorted to these fisheries and 

 exercised unrestricted fishing rights " 



976 Then, they claim the " equal rights of joint owners " with 

 Great Britain and the other British colonies and that these 



