1100 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



tention against which I am at present directing my argument. At 

 the next session, Mr. President, I will have the necessary books, and 

 will answer at length the question which you have put to me. 



THE PRESIDENT : I beg pardon. I merely thought that it would as- 

 sist us in an appreciation of the facts concerning the Behring Sea 

 controversy; that it would be better to have full cognizance of the 

 case now. But if it is more convenient to you, we certainly shall 

 wait. 



Mr. WARREN : If the Tribunal please, I have now concluded what- 

 ever comment and citations it seemed advisable to make on the data 

 which I designated this morning. This data was relied upon by Sir 

 Robert Finlay to prove that both the United States and the Govern- 

 ment of Great Britain were, immediately preceding the making of 

 the treaty of 1818, and since have been, putting forth such broad 

 claims of exclusive maritime jurisdiction as to preclude this Tribunal 

 from finding that the claim by Great Britain, in 1818, to exclusive 

 jurisdiction over bodies of water adjacent to the shores of its pos- 

 sessions in North America, was confined to a claim of jurisdiction 

 over waters lying within 3 marine miles of the shores excepting 

 always the irregular-shaped areas of waters which have been referred 

 to as triangular bodies of water. 



Mr. President, I will not state the conclusions necessarily result- 

 ing, it seems to me, from the review of this data, authorities and 

 citations which have been presented bearing thereon, but will content 

 myself with submitting to the Tribunal the argument as made, and 

 with making this statement that the contention of the learned coun- 

 sel for Great Britain is entirely unsupported by the data upon which 

 he relied. 



I now come to the incident of the " Jaseur," from which arose the 

 correspondence which afterwards became a basis for the negotiations 



that resulted in the treaty of 1818. 



663 Mr. Monroe, who was Secretary of State of the United 

 States, wrote Mr. Baker, the British charge at Washington, 

 the letter that will be found in the Appendix to the Case of the 

 United States on p. 262. The letter simply called Mr. Baker's at- 

 tention to what Mr. Monroe said was an invasion of the rights of the 

 United States. The Tribunal is entirely familiar with the fact of 

 the warning to an American fishing-vessel by the British ship of 

 war " Jaseur " in 1815. 



Mr. Baker replied to Mr. Monroe's note, in a note which was found 

 in the Appendix to the Case of the United States on p. 264. 



I referred yesterday to this note, and observed its date, 31st 

 August, 1815. Instead of reading from it again, I shall content my 

 self with citing it. 



