ARGUMENT OF CHARLES B. WARREN. 1127 



draw your attention, at p. 308 of the Appendix to the Case of the 

 United States, to the concluding paragraph of a letter in which Mr. 

 Rush refers to some further captures and threatened condemnations. 

 You might perhaps, on Monday, give us the details of these captures." 



SIR CHARLES FITZPATRICK : If you will give us the references I will 

 be satisfied. 



MR. WARREN : I refer you, Sir, to p. 42 of the Case of the United 

 States, and desire to call particular attention to the sentence com- 

 mencing at the bottom of that page and to the paragraph at the top 

 of p. 43 : 



679 " It appears from the official record that nine of these ves- 

 sels were seized while at anchor in Ragged Island harbor and 

 one vessel at the entrance of that harbor; seven vessels were seized 

 either in Cape Negro harbor or while entering or leaving that harbor ; 

 one vessel in the basin of Annapolis and one vessel in the Gut of An- 

 napolis, within half a mile of land, and one vessel in the Bay of 

 Fundy, one mile distant from Trout Cove. By reference to the map 

 showing these localities it will be found that not only the places of 

 seizure but also the places where the offences were .alleged to have 

 occurred were in every instance within three marine miles of the 

 shore." 



In the case of the United States reference is made by a foot-note 

 to pp. 1076 and 1077 of the Appendix to the Case of the United 

 States ; and on pp. 1076 and 1077 of the Appendix to the Case of 

 the United States will be found a copy of the Court Records of the 

 Vice-Admirality Court at Halifax. This Court Record of a British 

 Court sets out the details of the four seizures concerning which Mr. 

 Rush wrote at the bottom of his note on p. 308 of the Appendix to 

 the Case of the United States. 



I pause only to add this, Sir Charles, to the references, that the 

 note to which you were kind enough to refer, on p. 308 of- the Ap- 

 pendix to the Case of the United States, bears date, as shown on 

 p. 307, the 27th October, 1818, which was seven days after the date 

 of the convention which is now before this Tribunal, and that Mr. 

 Rush stated, as you were good enough to say, in putting the question, 

 that he had noticed from the newspapers that certain seizures had 

 been made of "our fishing- vessels," meaning American vessels, 

 " during the last season, followed by sentences of condemnation." 



It is now apparent, that, inasmuch as the letter was written seven 

 days after the treaty was signed, the seizures which Mr. Rush re- 

 ferred to occurred before the treaty was signed, because we know 

 that, no matter whether Mr. Rush referred to American newspapers 

 or English newspapers, the news of the seizures could not have 

 reached Mr. Rush, who wrote from London, unless the seizures had 

 been made before the 20th October, 1818, the date of the treaty. 



