ARGUMENT OF CHARLES B. WABREN. 1097 



Mr. Russell knew of the distinction that was drawn by the Com- 

 missioners at Ghent, and this Tribunal now knows, from the corre- 

 spondence found in the pamphlet, as I have called it, what the in- 

 structions of Lord Castlereagh and Lord Bathurst were to the Com- 

 missioners at Ghent regarding the extent of British jurisdiction. 



I wish to call attention to an extract, found on p. 162 of the 

 Appendix to the British Counter-Case. This is a portion of the 

 answer of Mr. Adams one of the answers of Mr. Adams to Mr. 

 Russell and in it he makes this statement : 



" It was this incident which led to the negotiations which ter- 

 minated in the convention of 20th October, 1818. In that instru- 

 ment the United States have renounced forever, that part of 

 6G1 the fishing liberties which they had enjoyed or claimed in 

 certain parts of the exclusive jurisdiction of the British prov- 

 inces, and within three marine miles of the shores." 



On p. 165 of the Appendix to the British Counter-Case, in another 

 portion of this correspondence, Mr. Adams said, in a rejoinder to 

 Mr. Russell : 



" The conflict of opinion was adjusted by a new article,"- 

 That is, in the treaty of 1818 



" as little liable to be abrogated by a future war, as the treaty of 

 Independence. By this article, we have expressly renounced a small 

 portion of the liberties within the exclusive and limited territorial 

 jurisdiction of part of the British provinces, and have received in 

 equivalent an enlargment of those liberties on the coast and shores 

 of Xewfoundland." 



If the Tribunal will now turn to p. 168 of this same Appendix, 

 I desire to read a portion of a letter, which also was not read when 

 this correspondence was being discussed by the distinguished counsel 

 for Great Britain. In fact, it is not a part of the correspondence 

 of 1822 at all, but it is printed in connection with the correspondence 

 of 1822, in the British Counter-Case Appendix. This letter, from 

 which I am about to read, is a letter written by Mr. Adams, under 

 date the 26th December, 1814, to one of the American negotiators of 

 the treaty of 1783, and the Tribunal will bear in mind that the 

 Treaty of Ghent was signed on the 24th December, 1814. So that Mr. 

 Adams wrote this letter two days after the signing of the treaty: 



" There is, as you must remember, in the third article of the treaty 

 of 1783, a diversity of expression by which the general fisheries on 

 the Banks are acknowledged as our right, but these fishing privileges 

 within the British jurisdiction, are termed liberties. The British 

 government consider the latter as franchises forfeited ipso facto by 

 the war, and declared they would not grant them anew without an 

 equivalent." 



