ARGUMENT OF SIR WILLIAM ROBSOtf. 1827 



Then follows word for word the language of the precedent 



" the Most Christian King's subjects shall not fish in the havens, bays, 

 creeks, roads, coasts, or places which the said United States hold or 

 shall hereafter hold ; and in like manner the subjects, people, and in- 

 habitants of the said United States shall not fish in the havens, bays, 

 creeks, roads, coasts, or places which the Most Christian King pos- 

 sesses or shall hereafter possess ; " 



It not only says " havens " and " bays " but it says " havens, bays, 

 creeks, roads, coasts, or places." They are using the word " coasts " 

 there I do not mind in which sense, whether it means coasts in- 

 clusive of these things, or coasts apart from these things, or coasts 

 as being things which include bays. For my purpose it is the 

 same thing. Whatever extent you give to the word " coasts," all I 

 want to say is that bays are separately treated from the other fac- 

 tors or component parts of the coast. They are all separately treated 

 for defensive, physical, and economical considerations, for strategic 

 purposes, for revenue purposes, and for fishing purposes. 



Another thing that makes an immense difference between a bay and 

 a coast is that there is no need in a bay for the right of innocent 

 passage. You are going down this coast here (indicating the coast 

 of Nova Scotia on map), no one has the right to interrupt you or 

 impede you within your 3-mile limit, but when you go into this bay 

 (indicating Halifax Bay), anybody has the right to ask you what 

 you are doing there. If you are on a voyage from place to place you 

 do not want to be there, you could only want to be in that bay for 

 trade, and in that case we ask you : Why do you not report yourself 

 at the custom-house ? Or, if you are not there for trade, you must be 

 there for war and we ask you: What are you doing so close to our 

 territory? The moment you come into that bay as a vessel you put 

 yourself in the position in which you ought to be asked and can be 

 asked what you want, where are you going to, what are you doing? 

 You cannot ask that question of a vessel that only desires innocent 

 passage along the 3-mile limit, and you have no right to ask it at all. 

 You go up to your captain, who is simply going from place to place, 

 and say: You are in my territory, you are in my 3-mile limit; what 

 are you doing here? and he is entitled to say: You have no right to 

 ask it; I am enjoying an international right, and if you tell me I am 

 not, well, my Government will have something to say about that, 

 because you will put yourself outside of the amity of nations; the 

 Government will have something to say about that, and I decline to 

 answer your question. Within the legal territorial jurisdiction the 

 Government have nothing to say to it; they could not complain. But 

 the moment he gets into a bay is he to give the same reply? 

 1105 According to the United States he is. He is to say: " I de- 

 cline to answer; I am 3 miles off your coast; I am 3 miles off 



