ARGUMENT OF CHARLES B. WARREN. 1017 



THE PRESIDENT : It is his meaning of the contents of the treaty, but 

 not the text of the treaty itself. 



MR. WARREN : Now, Mr. President, Mr. Everett, when Minister for 

 the United States in Great Britain, in a communication to Lord 

 Aberdeen, found in the United States Appendix, at pp. 474 and 481, 

 stated the position of the United States. Mr. Everett was discussing 

 the right to invade the large bays unless the fishermen fished nearer 

 than 3 miles from shore. I am not going to delay the Tribunal by 

 reading that note, because it will have to come into the discussion 

 later on another point. 



The decisions in the " Washington " and "Argus " cases are printed 

 in the United States Case, pp. 131-133, and the decision in the case 

 of the " Washington " is also printed in the British Case Appendix, 

 at p. 212. 



Mr. Upham, the Commissioner appointed under the Claims Treaty 

 of 1853, to adjudicate upon claims on the part of the subjects of 

 either country, which had been presented to either Government for 

 its interposition with the other, since the Treaty of Ghent, in 1814, 

 gave an opinion in the case of the " Washington," which will be 

 found in the British Appendix, on p. 212. The British Commis- 

 sioner differed from Mr. Upham, although filing no opinion appa- 

 rently, at least, there never has been an opinion printed as delivered 

 by the British Commissioner. 



In stating his opinion, on p. 214 of the Appendix to the British 

 Case, Mr. Upham recites the interviews between Lord Bathurst and 

 Mr. Adams-relating to the fisheries, the interviews between the others 

 concerned in the negotiations, and the views of Mr. Gallatin and Mr. 

 Rush, the American negotiators of the treaty of 1818, as they appear 

 in the communication to which I have already referred, and cites 

 their statements with the view of showing that they thought that 

 the renunciation was confined, in the large bays, to waters within 3 

 miles of the shore. 



A conclusive demonstration, that the British Government had no 

 difficulty whatever, and never has had from the day when this dis- 

 pute first arose, in understanding the position of the United States, 

 is disclosed by the letter printed on p. 145 of the Appendix to the 

 British Case. That letter is from Lord Stanley to Lord Falkland, 

 Governor of Nova Scotia Lord Stanley being the Secretary of 

 State for the Colonies for Great Britain, and on p. 146 he states 

 under date May, 1845 : 



" H. M. Govt. therefore henceforward propose to regard as bays, 

 in the sense of the treaty, only those inlets of the sea which measure 

 from headland to headland at their entrance the double of the dis- 

 tance of 3 miles, within which it will still be prohibited to the fishing 

 vessels of the United States to approach the coast for the purpose 

 of fishing." 



