232 THE ARGUMENT OF THE UNITED STATES. 



INTENTION OF THE NEGOTIATORS OF THE TREATY OF 1818. 



The Counter Case of the United States discusses the intention of 

 the parties to the treaty in the light of the negotiations which led up 

 to it, and points out the failure of the British Case to produce any 

 evidence in support of the British assumption on that subject." 



The claim, that the negotiators intended to effect an exclusion of 

 American fishermen from the bays of Newfoundland, is, moreover, 

 negatived by the fact that the southern coast of Newfoundland is 

 included in the claim of exclusion so far as fishing is concerned, and 

 that the negotiators clearly intended that there should be the same 

 rights on the southern coast of Newfoundland as on Labrador where 

 the right in the bays is unquestioned. This is shown by the proposal 

 of the British negotiators of October 6, 1818. They had before them 

 the American proposal of September 17, 1818, which used the word 

 " coast " in speaking of Newfoundland and the words " coasts, bays, 

 harbours, and creeks " in speaking of Labrador, i. e., the words which 

 appear in the treaty as finally adopted and about which the present 

 contention arises. 6 



The British proposal of October 6, instead of following this 

 language, uses the word " coast " or " coasts " of the liberties pro- 

 posed to be granted on both Labrador and Newfoundland, the words 

 " bays, harbours, and creeks " not appearing until the liberty " to dry 

 and cure fish" is mentioned. That "coasts" included bays, etc., as 

 they understood it, is shown in the next paragraph of the proposal, 

 where it is provided that nothing contained in the article shall be 

 construed to give the " liberty to take fish within the rivers of His 

 Britannic Majesty's territories, as above described." No suggestion 

 was ever made by them that they understood the word " coasts " to 

 mean anything less than the whole coast, inclusive of bays, harbors, 

 and creeks. 



An examination of the course of the preliminary negotiations in 

 1816 leads to the same result. The proposition from the British Gov- 

 ernment contained in a note dated November 27, 1816, from Mr. Bagot 

 to Mr. Monroe, after referring to a former proposal with reference 

 to the coast of Labrador proposed in addition that " they should be 

 admitted to that portion of the southern coast of Newfoundland 



U. S. Counter Case, 77, et seq. 

 6 U. S. Case, Appendix, 310. 

 U. S. Case, Appendix, 289-291. 



