1980 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



coves from Cape Ray to Rameau Islands, and from Cape Ray to 

 Quirpon Islands, for the purpose of buying herrings or fishing for 



them If the position that I have taKen up in regard to this 



section of the coast of this colony is correct, the exclusive rights to 

 the winter herring fishery are under the British flag to-day, and 

 always have been so ever since the dominion of the British flag was 

 first established in North America." 



I am not at this moment going to take up the argument of Question 

 Six. I refer to the attitude of the Government of Newfoundland 

 upon it as one of the group of circumstances illustrating the spirit 

 and purpose of the Government of Newfoundland. It is set up here 

 to be the judge of our rights, and it is to be the judge of our rights 

 unless our construction of this treaty, which makes a definite line, be 

 a correct construction. 



Sir Robert Bond, says the counsel, has been turned out of office. 

 Aye, but the Government of Newfoundland is here by counsel assert- 

 ing, maintaining, the attitude of Sir Robert Bond. Says Sir James 

 Winter : 



" But the fact that the question is now raised for the first time is 

 because, up to the present time, they have never done cod-fishing, as 

 it was expected and contemplated when the treaty was made, and 

 they now come in to prosecute a business to which the Newfoundland 

 Government,, at any rate, very strongly object, namely, the fishing 

 for herring in the bays on the west coast." 



I am reading from p. 3582 of the typewritten Argument [p. 597, 

 supra] . Sir James proceeds : 



"When they set up this claim for the first time it becomes neces- 

 sary to enquire strictly into their legal rights. Then, for the first 

 time, we examine into their title deeds to see what their title is to 

 exercise this new fishery, to carry on a new business which it is the 

 object and purpose of the Newfoundland Government, for the pres- 

 ent at any rate, to prohibit altogether." 



1199 Nor is it a new purpose, a new policy with Sir Robert Bond. 

 That very excellent gentleman's name has come into promi- 

 nence in the discussion because it happened to be he who made this 

 great discovery, which discovery was but one of the incidents of the 

 execution of that policy. In his speech of the 12th April, 1905, read- 

 ing from p. 443 of the United States Counter-Case Appendix, I find 

 Sir Robert Bond saying: 



" My memory as a member of this Legislature goes back now for 

 nearly a quarter of a century, and I do not remember that the posi- 

 tion was ever before taken in this house that our fishermen could not 

 compete with either the American or French fishermen on an equal 

 footing. The object of every bill that has been introduced into this 

 Legislature in relation to foreign fishermen has been with the sole 

 view to bring about an alteration in the foreign bounty system or the 

 reduction of prohibitive duties." 



