1862 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



plains of this practice, and he is dealing then with the proposal of 

 a treaty, or for a treaty which should put an end to it. He says: 



"The first article relates to impressments from American vc--fl - 

 on the high seas. The commanders of British armed vessels have. 

 as is well known, been long in this practice. They have, indeed not 



only continued it, under the sanction of their superiors, on 

 1126 the high seas, but have with impunity, extended it to our own 



coasts, to neutral ports, and to neutral territory, and in sonic 

 instances to our own harbors. The article does not comprehend thc-e 

 later cases." 



That is the article which relates to impressments. He says: 



" The article does not comprehend these later cases, because it 

 would not be very honorable in Great Britain to stipulate against 

 the practice of such enormities, nor in the United States to recur to 

 stipulations as a security against it; and because it may be pre- 

 sumed that such particular enormities will not be repeated or un- 

 punished, after a general stop should have been put to impressments." 



So when they came to the draft treaty of 1806, when they were 

 dealing with each other's territory, and forbidding and saying they 

 would not allow foreigners to come and fight on or in their territory. 

 they thought it unnecessary to repeat this stipulation as to " bays " 

 because they thought it was beneath their dignity. That means, that 

 " bays " are so much a part of our territory, there is no need to men- 

 tion it in the particular article of the treaty, and therefore they did 

 not mention it. 



That answers the question put by the learned President as to why. 

 having mentioned them in 1794, when they came to a corresponding 

 article in another treaty of commerce, in 1806, they are dropped out. 



THE PRESIDENT: By whom is that paper? 



SIR W. ROBSON : This is by Mr. Madison to Mr. Monroe. He 

 writes it in 1804, but the reason why it appears as instructions in 

 1806 is because I find another reference (p. 120 of this volume) where 

 instructions are being given to the Commissioners who had to work 

 out the treaty of 1806. There it is said : 



"The instructions given to Mr. Monroe, January 5, 1804"- 

 the ones I have just read 



" having taken into view and being still applicable to a great propor- 

 tion of the matter now committed to your joint negotiations, it will 

 be most convenient to refer you to those Instructions as your general 

 guide," 



So that the instructions of 1804 were put forward as the guide for 

 1806. The Commissioners in 1806 saw this paragraph I have just 

 read, saying: "We need not stipulate about bays, because we must 

 assume they will be respected and treated as our own property," and 

 therefore they did not repeat the stipulation in 1806 which they had 

 put forward in 1794, Of course that was relating to impressments, it 



