1066 NORTH ATLANTIC COAST FISHEEIES ARBITRATION. 



treaty, with a view of having negotiations continued, Mr. Madison 

 instructed the Commissioners in the terms found on p. 100 of the 

 United States Counter-Case Appendix: 



" Should all the other belligerent nations, contrary to probability, 

 concur in the addition of two miles to our jurisdiction, this construc- 

 tion would still ^>e applicable to their armed ships; those unarmed 

 alone being within the additional immunity against British cruisers ; 

 and the armed as well as the unarmed ships of Great Britain being 

 expressly within the additional responsibility of the United States." 



And, as to article 12, the Commissioners were instructed : 



" It is much regretted that a provision could not be obtained against 

 the practice of British cruisers, in hovering and taking stations for 

 the purpose of surprising the trade going in and out of our har- 

 bours; " etc. 



And the Secretary of State added, at the end of the instruction : 



" To secure the advantage promised by this article, the right of 

 search ought to be suppressed altogether, the additional space enjoy- 

 ing in this respect the same immunity as is allowed to the marine 

 league. To this object the President wishes your endeavors to be 

 directed." 



If it please the Tribunal, Mr. Madison is writing there about the 

 right of search in harbours what he calls harbours and he is seek- 

 ing the incorporation of a special provision in the treaty to protect 

 harbours. And after the express instruction of the British Govern- 

 ment the only concession that the British Commissioners would 

 allow to be incorporated was an extension of 2 marine miles beyond 

 the range of cannon-shot from the shore, that is, 5 marine miles from 

 shore. 



Afterward, Mr. Monroe, who was one of the Commissioners, it will 

 l?e recalled, and who, as I probably have already stated, was subse- 

 quently President of the United States, wrote to Mr. Madison a note 

 regarding these articles 12 and 19 of the proposed treaty which 

 appears in the Appendix to the United States Counter-Case, on 

 p. 102: 



" It is the sole object of the twelfth article to secure to the United 

 States an accommodation, by extending their jurisdiction on their 

 coast, in what concerns themselves, from three to five miles. The 

 stipulation is unconditional as to them, but conditional as to other 

 Powers, dependent on their acknowledging the same limit. It is 

 made reciprocal, by being extended to the British Dominions north- 

 ward of the United States; a circumstance which merits attention, 

 as it precludes the idea that any other equivalent was expected or in- 

 tended to be given for it." 



I wish to bring to the attention of the Tribunal the fact that that 

 statement of Mr. Monroe's, " by being extended to the British domin- 



