1556 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



"With regard to the intention or the supposed intention of the 

 negotiators, which is suggested in the British Case as a ground for 

 believing that the bays were not to be included, I shall not answer in 

 detail, because the Counter-Case of the United States at pp. 77 and 

 those following, takes that up at very considerable length. 



It is quite impossible that because Lord Bathurst wanted to give 

 as little as possible, and indicated the inconvenience of giving 

 stretches of coast, that they therefore did not give us " bays " when 

 they finally came to give us the " coast." Of course Lord Bathurst 

 was desirous of giving as little as possible. He offered Labrador 

 first, he offered Newfoundland next, through Mr. Bagot, and then 

 he offered both, and finally, when the negotiations took place, more 

 was granted, but because he wanted to give less, because he said it 

 was inconvenient for His Majesty to give more, is no reason to cut 

 down the amount he actually did give. 



Sir James Winter in his argument seems to us to have been labour- 

 ing under a peculiar misapprehension with regard to those negotia- 

 tions. He contended that the west coast of Newfoundland was not 

 mentioned until the final draft of the treaty itself, that it appears 

 there for the first time, that there was not a word to explain, in any 

 way, shape or manner, how it got in; that it was in a way 

 942 thrown- in as a gift from Great Britain to the United States 

 a kind of gratuity to us, in some way or other. 



If our learned friends will pardon me, I do not think that that 

 has been the experience of the United States in negotiations with 

 Great Britain. I think it is Hotspur who says : 



" I'd give twice so much land to any well deserving friend ; but in 

 the way of bargain not one ell." 



We may very properly feel that the able negotiators of Great 

 Britain, in all times, have been willing perhaps to give to well- 

 deserving friends, but when it came to bargaining, not one ell, not 

 one inch of the western coast of Newfoundland or anything else. 

 And, if I may drop from an ancient poet to a modern one, Mr. Kip- 

 ling says : 



"And we didn't get a ha'p'orth of change oliim. 



Well now, Sir James Winter is entirely mistaken. The President 

 of the Tribunal called his attention to the fact that the western coast 

 of Newfoundland is in the first proposal of the American negotiators. 

 That, however, seemed to escape his mind in the course of his later 

 argument, and he pursued it along the lines first suggested. But as 

 a matter of fact it appeared in the first American proposal, which is 

 at p. 88 of the British Case Appendix the proposal of the 17th Sep- 

 tember, 1818. It appeared in the first British proposal, the 6th 



