ARGUMENT OF SIR WILLIAM ROBSON. 1863 



was not relating to fishing, but it is an indication that the United 

 States took up the position then which we take now, namely, your 

 bays are yours, ours are ours, they are ours completely, ours so as to 

 prevent impressments, ours so as to give us complete control over 

 fisheries. 



Now, I have come to 1806, and from the point of view of the United 

 States argument that is an important period, but I propose to pass 

 over it, because I am dealing now simply with the point put to me by 

 the Tribunal. 



It is said in 1806 that the parties negotiated for a treaty, but the 

 negotiations came to nothing; nevertheless Great Britain at that time 

 stipulated for a 3-mile limit, and that is the foundation on the part 

 of the United States of their theory of the 6-mile bay. They said we 

 got our 3 miles in 1806, and all we have got to do, when once we have 

 got the 3-mile range, is to double it, and it gives us our 6-mile bays. 



Well, now, they did not get their 3 miles, because the agreement 

 made was 5 miles the provisional agreement and that went off on 

 other ground. I am not going over that because I am not going to 

 touch the United States contention. I am dealing with the other 

 point, as to whether bays were dealt with separately, and I therefore 

 come to the negotiations in 1814 and 1818, and they put this point 

 really beyond argument. 



I will take the passages upon which Mr. Warren relied, I will take 

 the evidence and documents to which he referred, that is why I must 

 present the appearance of inflicting a good deal of repetition upon 

 the Tribunal, but I have to go over my opponent's ground in order 

 to draw different conclusions from his facts. But let us see what the 

 facts were in 1814. The United States had enjoyed this privilege of 

 fishing in our bays since 1783. It had given rise to difficulty. It 

 was not so much, as Dr. Lohman points out, the fishing in 

 1127 the bays that gave rise to difficulty. It is very doubtful that 

 there was much fishing in the bays. It was the landing in 

 the bays that gave rise to difficulties. 



Then came the things of which we complain. The Americans got 

 there first, and took up places, and so on, and there was disorder. 



But how were we to deal with the landing? There was only 

 really one practical way of dealing with it. It was to say: "You 

 shall not come into the bays at all." It was no use saying: " You 

 may come into these bays where there is very little cod-fishing, but 

 you shall not land." Therefore, the only way in which we could 

 effectually prevent the occurrence of this mischief was to say : " You 

 shall not come in at all." 



Now, that is what we said, and from this moment the " bays " are 

 the principal thing to be considered. That is up to 1783 the " coasts " 

 were the things that were the most talked about. " Bays " were fre- 



