ARGUMENT OP CHARLES B. WARREN. 1073 



adjacent to the shores of His Majesty's possessions in North America. 

 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. 



" ' This review becomes the more important because of the erro- 

 neous conclusions in the Case of Great Britain drawn from incom- 

 plete data as to the extent of the * maritime limits ' in respect of the 

 fisheries in 1818. 



" ' A careful reading and consideration of these prior negotiations 

 between the two Governments regarding the extent of maritime juris- 

 diction discloses that before the Treaty of Ghent '- 



" That was the treaty of peace in 1814 



" ' and antedating any discussion of the modification of the liberty 

 of the people of the United States by reason of the War of 1812, it 

 was well understood by the United States that Great Britain's claim 

 of sovereignty over adjacent waters, or the territorial sea, in the North 

 Atlantic was limited to three marine miles from the shores, compre- 

 hending only the bays and creeks therein contained.' 



" I will venture to say, sir, that that statement is not supported by 

 any of the documents." 



646 On p. 124 of the printed Argument of the United States 

 are two paragraphs which were not read by the distinguished 

 counsel for Great Britain. They are as follows : 



" When Lord Bathurst and Mr. Adams, Lord Castlereagh and Mr. 

 Adams, Mr. Bagot, Mr. Monroe, and Mr. Rush as acting Secretary 

 of State, and subsequently the negotiators of the treaty of 1818, used 

 the terms 'territorial jurisdiction,' 'exclusive jurisdiction of Great 

 Britain,' ' maritime limits,' ' within the British limits,' ' within the 

 limits of the British Sovereignty,' and 'His Britannic Majesty's 

 Dominions in America,' they referred to a jurisdiction over the terri- 

 torial sea extending only three marine miles from the shores of His 

 Majesty's possessions in North America, and comprehending only 

 bays, creeks, and harbors found therein. 



" 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." 



And on p. 137 of the printed Argument of the United States, after 

 the notes which had passed between Mr. Adams and Lord Bathurst 

 had been reviewed, and attention had been drawn to the statement of 

 Lord Bathurst that the British Government did not intend to inter- 

 rupt the fishing-vessels of the United States thereafter in the liberty 

 of fishing, without the territorial jurisdiction, 1 marine league from 

 the shore of all the British territories in North America, the state- 

 ment is made : 



" Here was a formal, definite, and distinct understanding between 

 these representatives of the two powers as to what constituted 'the 



