ABGUMENT OF SIR WILLIAM BOBSON. 1737 



Now, may I revert again to Dr. Lehman's question, from which I 

 have deviated in a somewhat extensive excursion as to whether or not 

 this is an industry? I said, while I have no objection to any words 

 being used that might be synonymous, we have to be very careful 

 about introducing a new word just as careful as we are about intro- 

 ducing a new alien. We want him to show his right to be there. 

 Is it an industry? He might not buy bait, and he might not buy 

 seines or boats. One thing we were careful about was to see that 

 there should be no trading rights or privileges. In dealing with the 

 question of construction, when so much depends upon general sur- 

 rounding conditions, I need not remind the Tribunal of the excessive 

 care taken by all nations then with regard to their commercial priv- 

 ileges. The notion of throwing commercial privileges open to all, 

 on the ground that what benefited a community as a whole would 

 bring benefit to each individual person, was a novel idea unthought 

 of, at least, except by a few academic philosophers in England. 



Every trading right, every trading privilege, was treated as an 

 asset to keep to oneself, and only to be allowed to others upon some 

 term over and above the natural benefit of the trade itself. Every 

 trading right or privilege was always treated as a matter of barter. 

 After the war England was still determined to maintain its un- 

 fortunate colonial system, which confined the trading of the colonies 

 entirely to the mother-country. We would never have had that 

 unhappy severance between the two portions of our Empire if it 

 had not been that we insisted upon keeping the whole benefit of 

 colonial trade to ourselves. 



That was the spirit in which we bargained in 1818 ; and we would 

 not give to the United States any trading privilege whatever. There 

 was no sort or shadow of a trading right conferred upon the United 

 States till long after this treaty. I think the first speaking with- 

 out my note I may not be quite exact in my memory I think the 

 first was given in 1830. when a right of trading was given to the 

 United States with the West Indies. I was wrong. The only trad- 

 ing rights with the East Indies were given in 1794. In 1830, by an 

 Order-in-Council. trading rights were conferred upon the United 

 States with the British North American provinces. So that there 

 were no trading rights in existence at all. 



DR. DE SAVORXIX LOHMAX : But. Sir William, may I observe that 

 I do not ask whether the Americans had a trading right, but 

 1051 only whether the right was granted to them to exercise an in- 

 dustry; was the right given to the Americans only for their 

 personal pleasure or to exercise an industry? 



SIR W. ROBSON : Oh, yes. 



DR. DE SAVORXIX LOHMAX : Is not that another thing, exercising a 

 trading privilege ? 



92909' S. Doc. 870, 61-3, vol 11 11 



