INTRODUCTION. 9 



1789. A British statute (29 Geo. Ill, cap. 53) enacted (App., 

 p. 563)- 



that no fish, taken or caught by any of His Majesty's subjects, or 

 other persons, arriving at Newfoundland, or its dependencies, or on 

 the banks of the said island, except from Great Britain, or one of the 

 British dominions in Europe, shall be permitted to be landed or 

 dried on the said Island of Newfoundland, 



but excepted the rights of the citizens of France. 



This statute shows how jealously Great Britain guarded the shores 

 of Newfoundland at this time. 



DELAWARE BAY 1793. 



1793. The French frigate " L'Embuscade " captured the British 

 ship " Grange " in Delaware Bay, at a distance from the shore of 

 more than 3 miles. Declaring that the whole of the bay was within 

 its jurisdiction, the United States required the restoration of the 

 frigate. France complied. The bay has a headland width of 10 

 miles. 



9 UNITED STATES CLAIM TO TERRITORIAL WATERS, 1806. 



1806. During the negotiations with reference to freedom of United 

 States vessels from British seizure, an attempt was made to fix the 

 limit of United States jurisdiction upon its coasts, and the United 

 States, suggesting that a fair distance would be as far out as (App., 

 p. 60)- 



the well-defined path of the Gulf Stream 

 asked that the following might be agreed to : 



It is agreed that all armed vessels belonging to either of the parties 

 engaged in war, shall be effectually restrained by positive orders, and 

 penal provisions, from seizing, searching, or otherwise interrupting 

 or disturbing vessels to whomsoever belonging, whether outward or 

 inward bound, within the harbours or the chambers formed by head- 

 lands, or anywhere at sea, within the distance of four leagues from 

 the shore, or from a right line from one headland to another : 



After negotiations the limit was fixed at " five marine miles from 

 the shore"; but the convention never became effective. 



1812. War again broke out between the two nations. 



1814- The treaty of Ghent, which terminated the war, contained 

 no provision as to the fisheries. Great Britain declined to renew the 

 coast liberties except in return for equivalent concessions. The United 

 States contended that renewal was not necessary that the war had 

 not affected the liberties of the previous treaty. (App., p. 25.) 



TREATY OF 1818. 



1818. After long negotiations the treaty of 1818 was agreed to. 

 It provided as follows (App., p. 30) : 



Whereas differences have arisen respecting the liberty, claimed by 

 the United States for the inhabitants thereof, to take, dry, and cure 



