120 ARGUMENT OP GEEAT BRITAIN. 



Although reserving its argument upon the language of the treaty, 

 the United States offers in its Counter-Case, at very considerable 

 length, various collateral considerations in support of its view of the 

 interpretation of the treaty. 



INTENTION OF NEGOTIATORS. 



Dealing with the intention of the negotiators, the Counter-Case 

 declares that there is nothing in the records indicative of an intention 

 to exclude United States fishermen* from the bays, harbours, and 

 creeks of Newfoundland (United States Counter-Case, p. 78). 



In reply, attention is asked to certain parts of the record of those 

 negotiations. After the treaty of 1783, the United States fishery on 

 part of the Labrador coast increased very rapidly, while the New- 

 foundland coasts remained unfrequented by American fishermen. 

 It was probably for this reason that during the negotiations which led 

 up to the treaty of 1818, the United States made little difficulty with 

 regard to the Newfoundland fisheries. Indeed, it would appear that 

 the admission of United States fishermen to those waters is to be 

 attributed more to the complacence of the British Government than to 

 any particular desire upon the part of the United States. 



In the Bagot-Monroe negotiations of 1816, the British negotiator at 

 one time offered liberty to fish on that part of the southern Labrador 

 coast which lies between Mount Joli and the Bay of Esquimaux. 

 Afterwards, he offered that part of the southern coast of Newfound- 

 land lying between Cape Raye and the Rameau Islands. And after- 

 wards he offered both of these districts. Mr. Monroe, however, de- 

 clined the offers upon the ground that neither of them had been much 

 frequented by United States fishermen in the past or were likely to 

 be so in the future. He made no alternative proposal (British Case, 

 App., p. 78). 



During the later negotiations of 1818, the American plenipoten- 

 tiaries communicated the following to the British (British Case, 

 App., p. 91) : 



137 INTENTION OF NEGOTIATORS. 



"The American plenipotentiaries are not authorized by their 

 instructions to assent to any article on that subject which shall 

 not secure to the inhabitants of the United States the liberty of 

 taking fish of every kind on the southern coast of Newfoundland, 

 from Cape Ray to the Ramea Islands, and on the coasts, bays, har- 

 bours, and creeks from Mount Joli, on the southern coast of Labrador, 

 to and through the Straits of Belleisle, and thence northwardly, in- 

 definitely, along the coast ; " 



It will be observed that the instructions made no mention of the 

 west coast of Newfoundland ; that the two districts formerly offered 



