ARGUMENT OF SIR WILLIAM ROBSON. 1845 



part of the coast as British fishermen use. Having said that we give 

 you the liberty to take fish, they said : But, we will not allow you to 

 dry or cure, which means the same thing as saying : We will not allow 

 you into the bays, because really you have to get into the bays in 

 order to dry and cure. Perhaps I am getting a little beyond my 

 immediate purpose because I do not care really whether " coast " 

 includes bays or not for the purpose of Question 5. When I come to 

 Question 6 I think I shall be able to make a very good case, in so far 

 as the construction of the treaty is concerned, that when we gave the 

 right to fish on the coast that did not mean bays. My difficulty 

 about Question 6 and I might just as well be frank, because, when 

 you know you cannot help being found out, candour is advisable 

 is the subsequent conduct of Great Britain, her conduct at Halifax, 

 her conduct in various other ways. That is my difficulty about Ques- 

 tion No. 6 ; my difficulty is not on the construction of the treaty. I 

 think that on a strict construction of the treaty the balance of the 

 argument is strongly in favour of my case on Question No. 6; that is 

 that they are saying, in words which are as plain as practical men 

 could use to a fisherman : You may fish on that coast, but you may not 

 dry or cure. What does it mean ? You may fish on the coast, but you, 

 must not do what is only done in the bays, because nobody dries or 

 cures on the open coast. You may not do what is only done in the 

 bays, you may not dry or cure, which is another way of saying : You 

 may fish on the coast, but you shall not go into the bays. 



But, I am here being tormented before my time; because this will 

 all arise on Question 6, and for my present purpose I would rather 

 treat it separately. I would rather keep Question 6 out of the road, 

 but if it is necessary for the purposes of my argument, I am quite 

 prepare'd, hypothetically not, of course, as a fact, but I am prepared 

 by way of hypothesis to take this point against me in so far as 

 Question 6 is concerned, and just argue it alone. 



THE PRESIDENT: Is not some stress to be laid on the words that: 



" the United States shall have liberty to take fish of every kind on 

 such part of the coast of Newfoundland, as British fishermen shall 

 use," 



If British fishermen go into the bays then it is clear that American 

 fishermen may also go into such bays on the coast of Newfoundland, 

 as the bays are part of the coast of Newfoundland into which British 

 fishermen go? 



SIR W. ROBSON : Yes, I am not disposed to contest that at all. 



THE PRESIDENT : Then there would be the consequence that bays are 



included also with reference to Newfoundland without being 



1116 mentioned specially because they are included in the formula 



" such part of the coast of Newfoundland as British fishermen 



shall use"? 



