1080 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



with the specific stipulation of two leagues, in ignorance of what had 

 been decided in the American Convention at the time, yet after that 

 Convention has been some months before the world," and so on. 



Mr. George Canning there refers to the fact that by the Conven- 

 tion between the United States and Kussia in 1824, the United States 

 had obtained an arrangement with Russia confining exclusive sover- 

 eignty to one league. The instructions of Sir Charles Bagot were 

 correspondingly changed when that knowledge was conveyed to Great 

 Britain, and before the treaty of 1825 was signed Sir Charles Bagot 

 was instructed to obtain a stipulation similar to the one contained in 

 the treaty of 1824 between the United States and Russia. 



Lord Salisbury himself stated in his note dated August 2, 1899, on 

 p. 570 of this vol. V : 



" I do not suppose that it is necessary I should argue at length upon 

 so elementary a point as that a claim to prohibit the vessels of other 

 nations from approaching within a distance of one hundred miles 

 from the coast is contrary to modern international usage. Mr. 

 Adams [this is, John Quincy Adams] and Mr. Canning clearly 

 thought in 1823 that the matter was beyond doubt or discussion. 



" The rule which was recognised at that time, and which has been 

 generally admitted both by publicists and Governments, limits the 

 jurisdiction of a country in the open sea to a distance of three miles 

 from its coasts, this having been considered to be the range of a 

 cannon shot when the principle was adopted." 



I pass now to the third subdivision of this data, that is, the Jay 

 treaty of 1794, referred to in the argument of counsel for Great 

 Britain. I discussed that treaty at yesterday's session, and will not 

 go over it again. 



In considering yesterday the treaty of 1806, 1 submitted to the Tri- 

 bunal the facts that clearly established that the material provisions 

 of the Jay treaty expired in October 1807 and, consequently, that 

 treaty can have no bearing upon the extent of jurisdiction after 

 1807, and certainly no bearing upon the negotiations leading to the 

 treaty of 1818. 



The fourth subdivision of this date was the note of Mr. Jefferson 

 to the French Minister in the United States in 1793 regarding Dela- 

 ware Bay. As to that, the discussion of the action of Great Britain, 

 the United States and France regarding Delaware Bay, will be taken 

 up when the law applicable to this entire Question is considered in 

 order to avoid going over the same ground twice, as this action must 

 necessarily be fully gone into in the argument on the law. 



I will now pass to the fifth subdivision of this data, the note of 

 Mr. Jefferson to M. Genet, Minister for France in the United States, 

 in 1793, and the similar note of Mr. Jefferson to the Minister for 

 Great Britain in the United States, regarding the extent of the mari- 

 time jurisdiction asserted by the United States. The note of Mr. 



