ARGUMENT OF MR. ROOT 265 



The President: The letter from the Minister of Foreign Affairs 

 to Lord Stanley, with its enclosure, has not been published ? 



Senator Root: We have not been favored with that. No; 

 I should Hke to see it. Of course we have it not, and it is not here. 



The knowledge of its existence serves merely the purpose of 

 certifying to us that this conclusion announced by Lord Stanley 

 was a conclusion upon grounds of reason. 



The Earl of Kimberley, writing from the Foreign Office to Lord 

 Lisgar in 187 1, the time when the making of the new treaty was 

 proposed (Lord Lisgar was Governor- General of Canada), says, 

 reading from the third paragraph on p. 636: 



"As at present advised, Her Majesty's Government are of opinion that 

 the right of Canada to exclude Americans from fishing in the waters within 

 the limits of three marine miles of the coast, is beyond dispute, and can only 

 be ceded for an adequate consideration." 



Then the third paragraph below: 



"With respect to the question, what is a Bay or Creek, within the mean- 

 ing of the first Article of the Treaty of 1818, Her Majesty's Government 

 adhere to the interpretation which they have hitherto maintained of that 

 Article, but they consider that the difference which has arisen with the United 

 States on this point might be a fit subject for compromise." 



I cite this for two purposes. One is, the terms in which the 

 question is stated; the right of Canada to exclude Americans from 

 fishing in the waters within the limits of 3 marine miles from the 

 coast is what is said to be beyond dispute. The question, what is 

 a bay or creek within the meaning of the first article of the treaty, 

 is a matter on which Her Majesty's Government adhere to the 

 interpretation they hitherto maintained, but they consider it a fair 

 subject for compromise. 



Another statement of the question is to be found at p. 629 of 

 the American Appendix, and that is a memorandum made for the 

 Foreign Office, and sent by the Earl of Kimberley, the Minister 

 of Foreign Affairs, to Sir John Young, who was then Governor- 

 General of Canada, on the loth October, 1870. That is, it was a 

 memorandum made for the Foreign Office, I do not know where, 

 but adopted by the Foreign Office, and transmitted by the Minister 

 of Foreign Affairs to the Governor- General of Canada. 



