ARGUMENT OF SIR WILLJAM ROBSON. 1767 



There could be no sound reason urged why Newfoundland should 

 have a right in fishing of that character which the United States 

 should not enjoy. That would be discrimination. 



But, on the other hand, I can imagine Newfoundland saying: 

 " We want foreigners in the interior of our country. We have for- 

 ests to hew down. We have mines to open up. We have pastures to 

 till, and we have not the men to do it with. So we will allow, for 

 those reasons, races of a special and separate character, foreigners, 

 to be employed. But we will not allow anybody in the fishing indus- 

 try to employ them, either Americans or English." In that case 

 there is no discrimination. 



So that, taking Sir Charles' question as applicable to the fishing 

 industry to which, perhaps, it was solely applied I say that it 

 would be a discrimination; and yet one can imagine cases where 

 you must not discriminate against the Americans, but you can dis- 

 criminate as between one industry and another. 

 1069 JUDGE GRAY: Are you not losing sight, there, of your con- 

 tention as to the meaning of the treaty, that none but inhab- 

 itants of the United States may fish in these waters? 



SIR W. ROBSON : There is no doubt that, under the treaty 



JUDGE GRAY : I am saying that that seems to be against yourself, 

 in the discrimination 



SIR W. ROBSON : But I am dealing now with something outside 

 the treaty. If Sir Charles' question related solely to the treaty, 

 then, of course, I answered it a little too widely, too generally. 

 There is no doubt at all that it would be under the treaty. If I say 

 to my own fishermen : " You may employ foreigners," and then turn 

 around to the Americans and say, under the treaty, " you shall not 

 employ foreigners," then I think I should be discriminating. Of 

 course my citizens may, if they like, now employ as many non- 

 inhabitants as they please that is apart from the treaty. My own 

 citizens, Newfoundlanders, are entitled to bring in as many foreigners 

 as they like, until there is a law forbidding it. 



DR. DRAGO: The right of the United States is regulated by the 

 treaty. 



SIR W. ROBSON : Yes ; their relations with Newfoundland are regu- 

 lated by the treaty ; but other relations of course the treaty does not 

 affect. Of course I should hope Newfoundland would never desire 

 to close itself off from foreign commerce. It must encourage it, if 

 it is wise; and foreign commerce means foreigners a plain circum- 

 stance often very unwelcome to many local traders. If you want 

 foreign commerce, you must have foreigners, and therefore let them 

 in. Newfoundland has that right, and will always retain that right ; 

 but of course, as General Halleck and Mr. Burge say, it is entirely 

 in its own discretion how far it shall allow any of them any rights. 



