QUESTION SIX. 79 



structions written in the same year by Lord Bathurst to Governor 

 Keats of Newfoundland; and (3) a reference in general terms to the 

 French claim on a portion of the coast referred to, which it is said 

 " may have supplied an additional reason for not extending the grant 

 to bays, harbours and creeks." It will be convenient to examine this 

 evidence in the order in which it is arranged in the British Case. 



Lord, Bathursfs letter to Mr. Adams. 



The extract from Lord Bathurst's letter of October 30, 1815, to 

 Mr. Adams, quoted in the British Case, contains the statement that 

 " it was not of fair competition that His Majesty's Government had 

 reason to complain, but of the preoccupation of British harbors and 

 creeks in North America by the fishing vessels of the United States, 

 and the forcible exclusion of British vessels from places where the 

 fishery might be most advantageously conducted." 



The British Case fails to explain how this statement can be re- 

 garded as showing that the negotiators in 1818 intended to exclude 

 American vessels from fishing in harbors or creeks on the coasts to 

 be assigned for the use of American fishermen, to say nothing of 

 bays, which are not even mentioned, and obviously the conclusion 

 drawn from it in the British Case is wholly inconsistent with the 

 willingness of the British Plenipotentiaries, as demonstrated in the 

 same treaty, to admit American fishermen to the bays, harbors, and 

 creeks on the southern part of the coast of Newfoundland, and on the 

 coast of Labrador for the purpose of curing and drying fish. 



The only possible bearing which the above extract from Lord 

 Bathurst's letter could have had upon the treaty of 1818, was quite 

 different from that attributed to it here, as has already been shown 

 in the Case of the United States 6 and in the Counter-Case of the 

 United States in discussing Question I. 



Lord Bathurstfs letter to Governor Keats. 



The letter written in 1815 by Lord Bathurst to Governor Keats of 

 Newfoundland is referred to in the British Case as follows: 



In the same year in the instructions with regard to fishing by the 

 United States (which were communicated to the United States Gov- 

 ernment) special stress was laid upon the exclusion of its fishermen 

 from bays, harbours, rivers, creeks, and inlets of all His Majesty's 



British Case, p. 124. U. S. Case, p. 67. Supra, p. 9. 



