1064 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



of their squadrons, and a reparation for the insults offered to our 

 Government, increased the difficulty of obtaining any accommodation 

 whatever. The British commissioners did not fail to represent that 

 which is contained in this article, as a strong proof of a conciliating 

 disposition in their Government towards the Government and the peo- 

 ple of the United States. The limit established was not so extensive 

 as that which we had contended for, and expected to have obtained ; 

 we persuade ourselves, however, that the great object w r hich was con- 

 templated by any arrangement of the subject, will result from that 

 which has been made. The article in the treaty, in connexion with 

 the causes which produced it, forms an interesting occurrence in the 

 history of our country, which cannot fail to produce the most salu- 

 tary consequences. It is fair to presume, that the sentiment of re- 

 spect which Great Britain has shown by this measure for the United 

 States, will be felt and observed in future by her squadrons in their 

 conduct on our coast, and in our bays and harbors." 



Now, if the Tribunal please, the Jay Treaty of 1794 is claimed to 

 have contained a provision which was broad enough to have included 

 all the bays on the coast of the United States ; and without reverting 

 to whether or not that is true, for the material provisions I have 

 shown were to cease to be of any effect in 1807, I wish to call the at- 

 tention of the Tribunal to this statement of the American Commis- 

 sioners 



" will be felt and observed in future by her squadrons in their conduct 

 on our coast, and in our bays and harbors." 



The treaty is printed in full, and it will be searched in vain for any 

 clause providing for an extended jurisdiction over bays as such. 

 Therefore, so far as any jurisdiction over bays was provided for by 

 the treaty of 1806, it was by reason of the fact that they were in- 

 cluded within the limits of 5 marine miles from the shore. 



And that is the more certain for the reason that in the instructions 

 to the American Commissioners, a special provision was sought to 

 protect the coast of the United States waters enclosed by headlands ; 

 and for the reason that reference was made in the instructions them- 

 selves to lines drawn between headlands; and, finally, because the 

 Government of Great Britain knew that these instructions included 

 that provision, for in the letter written by Lord Holland and Lord 

 Auckland to Lord Howick, found on p. 61 of the Appendix to the 

 British Case, on which I have commented at length, they particularly 

 referred to the fact that such a provision was sought. Now, when 

 these British Commissioners asked for an expression from Lord 

 Howick, at the head of the Foreign Office of Great Britain, on the 

 subject, Lord Howick must have reported that it would not be per- 

 mitted, for it is recorded in the history of these negotiations, on p. 

 96 of the Appendix to the Counter-Case of the United States, that 

 Great Britain 



