1062 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



SIR CHARLES FITZPATRICK: I apologize. I thought you referred 

 to that letter of the 5th January, 1804, from Mr. Madison to Mr. 

 Monroe, in that sense. 



MR. WARREN : I should like to add one thing to my answer to your 

 question, Sir Charles, before proceeding. My object in re- 

 639 f erring to the use of the words " coast " and " shore " as synony- 

 mous in the treaty of 1806 was for the purpose of using that 

 fact in connection with the correspondence to which I shall refer 

 later. 



SIR CHARLES FITZPATRICK : That is what I understood. 



MR. WARREN : And not as bearing upon any correspondence before 

 1806 ; because there was no correspondence between the two Govern- 

 ments on this subject of the fisheries before 1806 after 1783. 



The American Commissioners, under date the llth November, 1806, 

 in a communication to be found on p. 95 of the Appendix to the 

 Counter-Case of the United States, advised the Secretary of State : 



" We shall meet the British Commissioners to-morrow to proceed 

 in the negotiation, which we are persuaded it will not require any 

 considerable length of time to conclude." 



And passing over some twelve or fifteen lines, they stated : 



" They will agree also to acknowledge our jurisdiction to the extent 

 of a league from our coast ; we have claimed that acknowledgment to 

 the extent of three leagues." 



That shows, if the Tribunal please, the attitude of Great Britain 

 toward these early desires or ambitions of the Government of the 

 United States. 



It will be recalled that Washington was not inaugurated as Presi- 

 dent until 1789, and that in 1793 his first term ended and his second 

 term began; and that the United States was in a position where, 

 above all, it desired to protect itself against further wars with the 

 Powers, then so seriously involved in their own difficulties. The 

 problem before the United States was its own internal development. 



THE PRESIDENT: Did this correspondence, Sir, concerning the juris- 

 diction of Great Britain and of the United States, refer to the fish- 

 eries? I mean this correspondence in 1806, and at that time? 



MR. WARREN: No, Mr. President. This negotiation concerned a 

 convention to replace certain provisions of the Jay Treaty of 1794, 

 which were to expire in 1807. The distinguished counsel for Great 

 Britain claimed that article 25 of the Jay treaty was broad enough to 

 cover all bodies of water that might be designated geographically 

 as bays; and I am about to show that the Government of Great 

 Britain in 1806, and ever afterwards, refused to permit the United 

 States an extended, jurisdiction over waters, merely because desig- 

 nated bays, on its shores, and did not claim an extended jurisdiction 

 over such waters on their own shores in the North Atlantic. 



