262 FISHERIES ARBITRATION AT THE HAGUE 



bays running off, to be found all along these different coasts; and 

 that the word had not in the minds of the negotiators, the makers 

 of the treaty, any reference to these great bodies of water. 



I should add a statement as to the British contention. It is 

 that the word "bays" is used in a geographical sense, so that all 

 these great bays are included, because they were known to the 

 world as "bays," appeared on maps as "bays," and were what 

 everybody knew to be "bays." 



The question is not a negligible one, it is serious, and cannot 

 be decided as a matter of first impression by sajdng that "bays" 

 means "bays." If it could be decided in that way we should have 

 been spared this long discussion. 



The more it has been studied, the more the history of the time 

 and of the negotiation has been studied, the more cause the student 

 has found to question that simple and easy surface disposition of the 

 matter. 



That the contention of the United States is entitled to very 

 careful consideration before it is dismissed is made manifest 

 by the fact that the government of Great Britain once reached 

 the same conclusion which the United States now present to the 

 Tribunal, and stated the fact that it had reached it in the letter 

 from Lord Stanley to Viscount Falkland of the 19th May, 1845, 

 appearing in the British Case Appendix, pp. 145 and 146. 



As that contains an admirable statement of the American side 

 of the case, I beg the liberty of calUng your attention to it. Lord 

 Stanley says: 



"My Lord, 



"H.M. Govt having frequently had before them the complaints of the 

 Minister of the U. States in this country on account of the capture of vessels 

 belonging to fishermen of the U. States by the provincial cruisers of N. Scotia 

 and N. Brunswick for alleged infractions of the Convention of the 20th Oct 

 1818 between G. Britain and the U. States, I have to acquaint your Lord- 

 ship that, after mature deliberation, H.M. Govt deem it advisable for the 

 interests of both countries to relax the strict rule of exclusion exercised by 

 G. Britain over the fishing vessels of the U. States entering the bays of the 

 sea on the B.N. American- coasts. H.M. Govt therefore henceforward pro- 

 pose to regard as bays, in the sense of the treaty" — 



You will perceive that this letter is upon the subject of the 



