ARGUMENT OP CHARLES B. WARREN. 1109 



MR. WARREX: Yes, your Honour. There were no other seizures 



than those referred to in this note of Mr. Rush, and the seiz- 



668 ures located on the other charts already handed to the Tribunal. 



All seizures before the treaty of 1818 were made inside the 



3-mile limit. 



I now come, if the Tribunal please, to the negotiations in 1818. 



Inasmuch as the commercial treaty of the 3rd July, 1815, between 

 the United States and Great Britain, was about to expire by its own 

 limitations, Mr. Adams, Secretary of State of the United States, in 

 May, 1818, proposed a negotiation with Great Britain, which was 

 agreed to on the part of Great Britain ; and Messrs. Rush and Gal- 

 latin were appointed negotiators on behalf of the United States, and 

 Messrs. Robinson and Goulburn on behalf of Great Britain. 



On the 28th July, 1818, the Secretary of State transmitted to the 

 American Commissioners his instructions regarding the negotiation, 

 which are found on p. 304 of the Appendix to the Case of the United 

 States: 



" The proceedings, deliberations, and communications upon this 

 subject, which took place at the negotiation of Ghent, will be fresh 

 in the remembrance of Mr. Gallatin. Mr. Rush possesses copies of 

 the correspondence with the British Government relating to it after 

 the conclusion of the peace, and of that which has passed here between 

 Mr. Bagot and this Government. Copies of several letters received 

 by Members of Congress during the late session, from the parts of 

 the country most deeply interested in the fisheries, are now trans- 

 mitted. 



" The President authorizes you to agree to an article whereby the 

 United States will desist from the liberty of fishing, and curing and 

 drying fish, within the British jurisdiction generally, upon condition 

 that it shall be secured as a permanent right, not liable to be impaired 

 by any future war, from Cape Ray to the Ramea Islands, and from 

 Mount Joli, on the Labrador coast, through the Strait of Belle Isle, 

 indefinitely north, along the coast ; the right to extend as well to cur- 

 ing and drying the fish as to fishing." 



The distinguished counsel for Great Britain, when referring to this 

 instruction, made the observation, that if there had been any under- 

 standing as to what the British jurisdiction was, Mr. Adams was 

 then reasonably called upon to state it. Why, if the Tribunal please, 

 he referred to the correspondence that constituted the understanding, 

 and stated that Mr. Rush possessed copies of the correspondence with 

 the British Government, and between the United States and Mr. 

 Bagot, and though Mr. Adams did not refer to the correspondence 

 in terms as the basis, he used it as the basis of the negotiations. 



In these instructions Mr. Adams, who had long been familiar with 

 the entire controversy, and having in mind the statements of the 

 British Government as to the extent of British jurisdiction, and 

 the extent of water over which jurisdiction was asserted, and ear- 



