ARGUMENT OF SIE WXLLIAM EOBSON. 1871 



them 3 miles from the coast " ; he does not mention coast, he drops 

 coast altogether. He says : " I will not allow them in at all," and if 

 that language is not sufficient to carry his intention, then no language 

 is in any international document that can be drawn up. I would ask 

 any one in this room to sit down and say in what words will you make 

 clear that this nation is not to be entitled to use the bays of the other 

 nation ; and he would use just this very language. He would sit down 

 and say : " Your fishing- vessels shall be excluded from the bays." He 

 could not say anything more, he could not say anything clearer, and 

 my difficulty is to argue such a point. 



Now, we have done entirely with bays as parts of coasts, because 

 we have done altogether with coasts. Did that letter reach the United 

 States ? There has been some doubt about it because Mr. Adams did 

 not, in his letters, treat his conversation with Lord Bathurst, I think, 

 adequately or accurately. Of course, he was a busy man with many 

 things to look after, and I think nobody would blame him if he were 

 not accurate in every respect. But, he was not accurate. However, 

 his accuracy as to his conversation with Lord Bathurst is not now 

 important, because we have a letter from Mr. Baker to Lord Castle- 

 reagh in which he said that he had read these very paragraphs that I 

 have just read to Mr. Monroe, the Secretary of State. Lord Bathurst 

 writes this letter on the 7th September, 1815. It is No. 10 in the 

 draft. We have the draft here. Mr. Baker writes to Lord Bathurst 

 answering various letters, and among them No. 10 which related to 

 the fisheries. The letter deals with various matters, the " Jaseur," 

 the question as to whether vessels should be allowed to touch at St. 

 Helena where Napoleon was then interned. Here is the original 

 draft, it is No. 10, and on p. 3 of his reply Mr. Baker goes on : 



" I next proceeded to fulfil the instructions on the subject of the 

 fisheries contained in the Dispatch No. 10, by recapitulating to Mr. 

 Monroe what had passed between us on that point during the summer, 

 recalling to his memory the note which he had addressed to me re- 

 specting the conduct of His Majesty's Brig Jaseur, and my reply, and 

 informing him that the language which I had held had been approved 

 of by His Majesty's Government. In order to make the communica- 

 tion as clear and distinct as possible, I then read to him the two con- 

 cluding paragraphs of Earl Bathurst's dispatch." 

 1132 The two concluding paragraphs said that fishing- vessels 

 should be excluded from bays, 



JUDGE GRAY: It is No. 16. 



SIR W. ROBSON : It is only No. 16 in the Appendix. 



JUDGE GRAY : It is not an official number ? 



SIR W. ROBSON : No, the draft itself is No. 10. At the top of the 

 page, in the left hand corner of the draft, it is No. 10. 



JUDGE GRAY : Is that the original ? 



<Appendix (F), infra,, p. 1395. 



