ARGUMENT OF CHARLES B. WARREN. 1075 



dence which it is evidently hoped will be accepted in lieu of the com- 

 plete failure to establish any assertion of jurisdiction over these great 

 bodies of water, and the acquiescence in any assertion of jurisdiction 



by the United States. 



647 These treaties, documents and notes, relied upon by the 

 counsel for Great Britain, were : 



First, the Treaty of Utrecht, of 1713 ; 



Second, the treaty between Great Britain, France and Spain, of 

 1763; 



Third, the treaty of 1794 between the United States and Great 

 Britain; 



Fourth, the note of Mr. Jefferson, when Secretary of State of the 

 United States, to the Minister for France in the United States, in 

 1793 regarding Delaware Bay ; 



Fifth, the note from Mr. Jefferson to M. Genet, Minister for 

 France in the United States, in 1793, and the similar note from Mr. 

 Jefferson to the Minister for Great Britain in the United States, re- 

 garding the extent of maritime jurisdiction asserted by the United 

 States ; 



Sixth, the note from Mr. Jefferson, when President of the United 

 States, in 1804, to the Secretary of the Treasury of the United States; 



Seventh, the treaty between the United States and Great Britain 

 of the loth June, 1846, for the settlement of the Oregon boundary ; 



Eighth, the position of the United States before the Alaska Boun- 

 dary Tribunal ; and 



Ninth, extracts from the memoirs of John Quincy Adams and 

 from the correspondence between Mr. Adams and Jonathan Russell 

 in 1822, arising in a political controversy and the separate report of 

 Mr. Russell to the Secretary of State, which, though dated in 1815, 

 was not made public until 1822, as appears from the correspondence. 



Taking up this data in the order in which I have stated it, I 

 proceed : 



First to the Treaty of Utrecht, which is printed in the British 

 Appendix, on pp. 6 and 7. 



The Tribunal is now familiar with the provisions of this treaty 

 and will recall that by its terms the subjects of France were to be 

 excluded from fishing off certain of the coasts of Nova Scotia within 

 30 leagues thereof. 



For the purpose of shortening the discussion, the treaty of 1763 be- 

 tween Great Britain, France and Spain, will be considered with the 

 treaty of 1713. 



It will be recalled that by this treaty, Great Britain consented to 

 leave to the subjects of France the right of fishing in the Gulf of 

 St. Lawrence, on condition that the subjects of France did not exer- 

 cise the fishery but within 3 leagues from certain coasts and within 

 15 leagues from certain other coasts. 



