ARGUMENT OP CHARLES B. WARREN. 1043 



British limits, as granted to the citizens of the United States by the 

 treaty of 1T83, was considered to have ceased with the war, and not 

 to have been revived by the late treaty of peace." 



It will be recalled that Lord Bathurst had defined the maritime 

 limits of Great Britain in respect of fishing as against the inhabit- 

 ants of the United States in these notes in the possession of Mr. 

 Bagot, and here referred to by Mr. Bagot in his note to the Secre- 

 tary of State for the United States. When Mr. Bagot wrote of fish- 

 ing within the " British limits " he used the term " British limits " 

 as it had been defined by his superior, in the Foreign Office of Great 

 Britain, in the notes then in his possession, and which, of course, had 

 either been transmitted to him, or been delivered to him when he 

 departed for the United States as Minister. 



Continuing reading from the same note to Mr. Monroe on p. 290 

 of the United States Case Appendix, where Mr. Bagot refers to any 

 agreement that should be entered into, or might be entered into, be- 

 tween the two Governments, and states : 



" It being distinctly agreed that the fishermen should confine them- 

 selves to unsettled parts of the coast, and that all pretensions to fish 

 or dry within the maritime limits, or on any other of the coasts of 

 British North America, should be abandoned." 



There, if the Tribunal please, is the first statement of the renuncia- 

 tory clause, which was subsequently drafted by the Commissioners on 

 behalf of the United States in the negotiations of 1818. And this 

 was no informal statement by Mr. Bagot, because, if the Tribunal 

 will do me the honour to follow me to p. 176 of the Appendix to the 

 Counter-Case of Great Britain, there will be found on p. 175 the 

 instruction from Lord Castlereagh to Mr. Bagot, and on p. 176, which 

 contains a portion of the letter, these words will be found : 

 " You are authorized, in the last resort, to yield both to them. . . ." 



Both portions of the coast that Mr. Bagot was authorised to yield 

 up to the United States. 



Continuing reading the instruction 



"... to yield both to them upon their distinctly agreeing to con- 

 fine themselves to the unsettled parts of the coasts so assigned, aban- 

 doning all pretensions to fish or dry within our maritime limits on 

 any other of the coasts of British North America." 



628 In this instruction from Lord Castlereagh to Mr. Bagot, 



turning again to the first of the instruction on p. 175 of the 

 Appendix to the British Counter-Case, it will be found that Lord 

 Castlereagh refers to the fact that he had already enclosed in another 

 instruction 



" copies of the notes which had been exchanged between the American 

 Minister in London and His Majesty's Government, were therein 



