QUESTION FIVE. 73 



the difficulty of obtaining any accommodation whatever. The Brit- 

 ish commissioners did not fail to represent that which is contained in 

 this article, as a strong proof of a conciliating disposition in their 

 Government towards the Government and people of the United 

 States. 



The remaining evidence presented in the British Case consists of 

 extracts from the diplomatic correspondence between the two Gov- 

 ernments and references to their actions since the treaty of 1818 

 was entered into, and purports to show their understanding of 

 the true intent and meaning of its provisions with reference to this 

 Question. It will be found that these extracts and actions are cited 

 for the most part, without regard to the context of the extracts and 

 the circumstances surrounding the actions, and in consequence the evi- 

 dence thus presented fails to give an accurate understanding of the 

 positions of the two Governments throughout this controversy. In- 

 asmuch, however, as the Case of the United States has fully reviewed 

 the history of this controversy and the positions taken on both sides, 

 as disclosed by the diplomatic correspondence and official acts, both 

 before and since the treaty of 1818 was entered into, it does not seem 

 necessary in the Counter-Case to examine in detail the disconnected 

 and incomplete fragments of the evidence as presented in the British 

 Case, in order to show their proper bearing and relation to the Ques- 

 tion under consideration. 



The assertion in the British Case that the exercise of jurisdiction 

 by the United States over Delaware and Chesapeake Bays supports 

 the British contention with respect to territorial jurisdiction over 

 bays more than six marine miles in width does not require exam- 

 ination in the Counter-Case, as it raises a question of law rather 

 than a question of fact, and will be discussed in the printed and 

 oral arguments. 



So also, the discussion of the position of the United States, in 

 reply to the assertions and contentions advanced in the British Case, 

 which rest on argument or questions of law, is reserved for the 

 printed and oral arguments. 



8 U. S. Counter-Case Appendix, p. 96. 

 92909 S. Doc. 870, 61-3, vol 6 6 



