1048 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



No claim of extended jurisdiction over bodies of water known by 

 the name of bays was advanced during these negotiations in behalf 

 of Great Britain as against the fishing- vessels of the United States. 



The learned counsel, when opening in behalf of Great Britain, 

 criticised the statement in the Argument of the United States appear- 

 ing on p. 124, which reads: 



" Lord Bathurst and Mr. Adams had, without controversy, under- 

 stood that the territorial jurisdiction extended a marine league from 

 the shore, within which lay the creeks and waters close upon the 

 shores denied to the fishing vessels of the United States, as clearly 

 disclosed by the notes, which, placed subsequently in the hands of 

 the negotiators in 1818, became the basis of the negotiations and 

 virtually the measure of their respective powers." 



The reason Lord Bathurst and Mr. Adams so understood the ex- 

 tent of the exclusive territorial jurisdiction of Great Britain, was 

 because Lord Bathurst had so stated the claim of Great Britain in 

 the interview just brought to the attention of the Tribunal, and 

 about which the honourable President made an inquiry. Lord 

 Bathurst made no claim to extended jurisdiction over bodies of water 

 known to the public or to geographers as bays, but only asserted that 

 the fishing-vessels of the United States would not be permitted to 

 fish within the creeks and close upon the shores of the British terri- 

 tories, and would not be prevented from fishing without the territorial 

 jurisdiction a marine league from the shore. 



Before taking up the negotiations in 1818 leading to the making 

 of this treaty, it seems, I submit, necessary briefly to review the 

 diplomatic relations between the United States and the Government 

 of Great Britain between the years 1783 and 1815, the year follow- 

 ing the peace concluding the war of 1812, in so far as they shed any 

 light upon this question now under consideration. 



This review is for the purpose of ascertaining the extent of the 

 claims to exclusive maritime jurisdiction, as against the people of the 

 United States, over the waters adjacent to the shores of the British 

 possessions in North America, advanced by the Government of Great 



Britain. 



631 In the printed Argument, filed on behalf of the United 

 States, on p. 125, this statement is made referring to the 

 phrases " the exclusive British jurisdiction " and " the limits of the 

 British Sovereignty " : 



" These terms were used in the negotiations leading to the treaty 

 of 1818 with such definite meaning as to preclude any conclusion 

 except that a perfect and complete understanding existed between 

 the two Governments as to their exact meaning." 



Sir Robert Finlay referred to this extract and evidently construed 

 it, in connection with what precedes and follows it, as referring to 

 some agreement made in 1806, or in 1814. 



