ARGUMENT OF CHARLES B. WARREN. 1055 



Continuing the reading of the letter on p. 58 of the Appendix to 

 the British Case : 



" What are, in fact, the prerogatives claimed and exercised by 

 Great Britain over these seas? If they were really a part of her 

 domain her authority would be the same there as within her other 

 domain. Foreign vessels would be subject to all the laws and regu- 

 lations framed for them, as much as if they were within the har- 

 bours or rivers of the country. Nothing of this sort is pretended. 

 Nothing of this sort would be tolerated." 



And the Secretary of State, in an instruction to the American 

 Commissioners, at the very beginning of the extract printed in the 

 British Appendix on p. 60, stated : 



" There remains, as an object of great importance, some adequate 

 provision against the insults and injuries committed by British cruis- 

 ers in the vicinity of our shores and harbours." 



And a little lower down on the same page : 



" With this view, it is proper that all armed belligerent ships 

 should be expressly and effectually restrained from making seizures 

 or searches within a certain distance from our coasts, or taking 

 stations near our harbours commodious for those purposes." 



The Secretary of State then submitted the article and sought to 

 have it made a part of the treaty, which is cited in the British Case 

 on p. 86, and concerning which considerable comment was made, 

 although I must acknowledge that Sir Robert Finlay did state, 

 before concluding his remarks regarding this proposal, that 

 635 probably the first portion of it was put forward with a view 



of negotiating, rather than as an expression of opinion. 

 The proposed article is found on p. 60 of the Appendix to the 

 British Case, and is as follows : 



" It is agreed that all armed vessels belonging to either of the 

 parties engaged in war, shall be effectually restrained by positive 

 orders, and penal provisions, from seizing, searching, or otherwise 

 interrupting or disturbing vessels to whomsoever belonging, whether 

 outward or inward bound, within the harbours or the chambers 

 formed by headlands, or anywhere at sea, within the distance of four 

 leagues from the shore, or from a right line from one headland to 

 another." 



It will be recalled again, that Great Britain was engaged in a 

 prolonged war with France. The provisions of the Jay Treaty, as I 

 have shown to the Tribunal, in so far as material to this Question, 

 would expire by limitation in 1807; and the Government of the 

 United States was seeking, against the armed vessels of Great Britain, 

 as extended a sea-zone bordering its possessions as possible, in order 

 to prevent the search of American vessels by the armed vessels of 

 Great Britain, for the purpose of impressing sailors claimed to be 

 deserters from the British Navy. 



92909 S. Doc. 870, 61-3, vol 10 11 



