AKGUMENT OF CHARLES B. WARREN. 1023 



Later, it will appear that the nature of the orders issued prior to 

 1888, since which, according to the contention of the counsel for 

 Great Britain, there has been no discussion of this question, was in 

 accordance with the construction now contended for by the United 

 States. 



It will also appear later, in the submission of this question, that 

 there was no dispute between the Governments regarding the con- 

 struction of the treaty material to this question for something over 

 twenty years after the signing of the treaty of 1818. So that there 

 is a period of twenty years, or something over twenty years, imme- 

 diately following the signing of the treaty, when the construction of 

 the United States was, I submit, adopted by Great Britain; and, 

 there has been a period of about twenty years immediately preceding 

 this submission, during which the construction by the United States 

 of this clause of the treaty has been concurred in by Great Britain. 



The Tribunal will recall that during that interim the reciprocity 

 treaty of 1854 was concluded, which gave to the inhabitants of the 

 United States until the year 1866 when it was abrogated by the 

 action of the United States rights in the waters under discussion, 

 co-extensive with the rights of the subjects of Great Britain; and, 

 that during another part of that period, the Treaty of Washington, 

 signed in 1871, was in effect and remained in effect until the year 

 1885, when its fishery provisions were abrogated by the action of the 

 United States. 



Referring now to the position which I have stated had been taken 

 by the Government of Great Britain in the past, which did involve 

 the consideration of the extent of the exclusive jurisdiction of Great 

 Britain, under the terms of this treaty of 1818, I first take up the 

 letter of Mr. Cardwell, British Secretary of State for the Colonies, 

 of the 12th April, 1866, printed in the Appendix to the Case of Great 

 Britain, on p. 221. This letter has been read by one of the learned 

 counsel for Great Britain in part only. If the matter concerns one 

 of the colonies of Great Britain, the orders to the Admiralty appar- 

 ently pass through the Colonial Department of the Foreign Office of 

 Great Britain. 



Mr. Cardwell stated on p. 222 : 



"Her Majesty's Government are clearly of opinion, that by the 

 Convention of 1818, the United States have renounced the right of 

 fishing, not only within three miles of the Colonial shores, but within 

 three miles of a line drawn across the mouth of any British bay or 

 creek." 



The phrase will be noted : "Any British bay or creek." 



Continuing my reading of the letter : 



" But the question what is a British bay or creek is one which has 

 been the occasion of difficulty in former times." 

 92909 S. Doc. 870, 61-3, vol 10 9 



