108 ARGUMENT OF GREAT BRITAIN. 



been under discussion. In his Notice Mr. Webster had also said 

 (British Case, App., p. 152) : 



" With the recent change of Ministry in England has occurred an 

 entire change of policy." 



And after referring to the British contention, he said : 



" It is this construction of the intent and meaning of the Conven- 

 tion of 1818 for which the colonies have contended since 1841, 

 122 and which they have desired should be enforced. This the 

 English Government has now, it would appear, consented to 

 do, and the immediate effect will be, the loss of the valuable fall- 

 fishing to American fishermen ; a complete interruption of the exten- 

 sive fishing business of New England, attended by constant collisions 

 of the most unpleasant and exciting character, which may end in the 

 destruction of human life, in the involvement of the Government in 

 questions of a very serious nature, threatening the peace of the two 

 countries." 



As a matter of fact there had been no change of policy whatever, 

 and it was in respect of such statements as those above quoted that 

 Lord Malmesbury expressed regret that the Notice had been issued. 

 Upon the subject of bays, Lord Malmesbury expressly refrained 

 from remark. He said (British Case, App., p. 171) : 



"As I propose that this despatch shall merely explain away cer- 

 tain points which have clearly been misunderstood, I shall abstain, 

 for the present, from entering into a discussion upon the interpreta- 

 tion to be given to the term ' bay ; ' : 



As against all this, the United States Case says (United States 

 Case, p. 129) : 



" Furthermore the opinion held by Mr. Webster at that time as to 

 the meaning of the word ' bays ' as used in the treaty, is set forth 

 with great clearness and force in a memorandum prepared by him in 

 July, 1852, to be sent to Mr. Crampton, but which unfortunately was 

 never sent owing to Mr Webster's failing health and untimely death 

 before it was completed. This memorandum shows an exhaustive 

 study of the entire history of the fisheries controversy, and in it Mr. 

 Webster reaches the conclusion that the term ' bays ' as used in the 

 renunciatory clause means the inner bays in distinction from the 

 outer part of the great indentations of the coast." 



What Mr. Webster in fact said in the memorandum on this point 

 was as follows (United States Case, App., p. 530) : 



"Most clear is it then, that the term bay, used in the proviso, 

 means landlocked recesses, places inaccessible to winds, in short nat- 

 ural harbours." 



But this view is quite inconsistent with that now presented on be- 

 half of the United States, and is, it is submitted, obviously untenable. 

 The concession of the right to take shelter clearly applies to su*h bays 

 and harbours as are suitable for shelter, and cannot possibly have 



