ARGUMENT OF CHARLES B. WARREN. 1107 



Mr. Bagot to Mr. Monroe commences on p. 289 of the United States 

 Case Appendix, and the portion now referred to is on p. 291. 



In any event, the offers of Mr. Bagot were declined, and Mr. 

 Monroe notified Mr. Adams in February 1817, as appears on p. 284 

 of the Appendix to the Case of the United States, that the negotia- 

 tions had been fruitless. 



Mr. Adams, in April 1817, in turn notified Lord Castlereagh, as 

 appears on p. 294 of the Appendix to the United States Case, that 

 no satisfactory result had been reached ; and, under date the 7th May, 



1817, in a note found in the Appendix to the Case of the United 

 States, on p. 295, Lord Castlereagh replied to Mr. Adams. In that 

 note Lord Castlereagh stated : 



"As soon as the proposition which Mr. Bagot was authorized in 

 July last to make to the Government of the United States, for ar- 

 ranging the manner in which American citizens might be permitted 

 to carry on the fisheries within the British limits had been by them 

 declined." 



There Lord Castlereagh again adopts the expression "British 

 limits " as used and defined in these negotiations, I respectfully sub- 

 mit, and as defined in the correspondence then in the Foreign Office 

 of Great Britain, and in the State Department in Washington. 



Richard Rush became Acting Secretary of State in 1817. 



667 Mr. Rush subsequently became Minister for the United States 



in Great Britain, and one of the negotiators of the treaty of 



1818, and in his position as Acting Secretary of State he had become 

 familiar with the correspondence and with the understanding of 

 the terms " territorial jurisdiction," " British limits," and other 

 similar terms that were used in these negotiations. Mr. Adams, in 

 his instructions to Messrs. Rush and Gallatin, as I have already 

 stated, referred to the fact that Mr. Rush possessed copies of the 

 correspondence between the two Governments. 



Before any negotiation was concluded, twenty American vessels 

 were seized within a British port within the 3-mile limit, by a 

 British sloop of war called the " Dee," as appears in the Appendix 

 to the United States Case, at p. 298. 



Charts showing the location of these seized vessels and other ves- 

 sels seized before and during 1818 are filed with the Tribunal. The 

 charts show that they were all within the 3-mile limit. I shall not 

 stop to comment upon these charts, but will hand in sufficient copies 

 for the use of the Tribunal, and counsel for Great Britain will be 

 provided with copies. There can be no question about the fact that 

 these seizures in Ragged Island and Port Negro, near Cape Negro 

 Island, were within the 3-mile limit. 



JUDGE GRAY. What was the date of those seizures, I mean what 

 year? 



