1 82 FISHERIES ARBITRATION AT THE HAGUE 



this right to be, and because they considered it to be that,, it was 

 obnoxious, and they were unwilling to continue it upon coasts, 

 especially upon coasts that were inhabited. That is the meaning 

 of these letters from Mr. Bagot, in which he explains that Great 

 Britain is unwilhng to give a wider extent of fishing rights, to give 

 an extent of fishing right anywhere but upon these wild and un- 

 frequented coasts, because it would interfere with the due adminis- 

 tration of His Majesty's Government, and the control which His 

 Majesty exercised over his own territory. 



This report is produced and printed by Great Britain. It is a 

 statement by Mr. Gallatin, whose eminence, whose penetrating 

 intelligence, and whose historical position make it impossible to 

 doubt for a moment the genuineness and the veracity of the 

 statement. And by what is it met? 



Where are the reports of the negotiators of Great Britain which 

 might meet it, which might explain it ? I do not complain of their 

 absence. Great Britain is not obHged to produce any papers. 

 She produces what she pleases, and she is under no obligation to 

 furnish evidence unless it helps her case; but, I should be unwilling 

 to have this case close, and leave the counsel of the United States 

 open to the imputation hereafter if these reports should ever appear, 

 should ever become public, and they should appear to have matter 

 in them relevant and important to the determination of this case, 

 that counsel of the United States had overlooked the fact that there 

 were probably such reports, and that they had not been produced, 

 or that we had neglected to say to the Court that we must insist 

 upon having the inferences drawn which are natural to be drawn 

 when evidence within the control of a party which might lead to 

 one result or another is not produced. 



It appears with great circumstantiality that there must have 

 been reports, for on the 17th September, 1818, we have printed in 

 the British Case Appendix a formal report of the British negotiators 

 to Lord Castlereagh at the head of the Foreign Office (p. 86, British 

 Case Appendix) : 



"My Lokd, 



"We have the honor to report to your Lordship, that we had yesterday 

 agreeably to appointment, a further conference with the commissioners of 

 the United States." 



