AKGUMENT OF CHARLES B. WARREN. 1129 



sioners of the United States to their Government, which bears date 

 20th October, 1818, the day the treaty was signed, and which trans- 

 mitted the treaty to Mr. Adams, then Secretary of State of the United 

 States. 



This report will be found on p. 306 of the Appendix to the Case of 

 the United States. Mr. Adams had instructed the Commissioners, 

 as will appear, of course, from the instructions. I shall only pause 

 long enough to again refer to the fact that Mr. Adams took occasion, 

 as appears on p. 305 of the Appendix to the Case of the United 

 States, to authorise the Commissioners on behalf of the United 

 States to assure the British Government "that not a particle of 

 these rights will be finally yielded by the United States without a 

 struggle, which will cost Great Britain more than the worth of the 

 prize." 



Nevertheless, although Mr. Adams had received from Lord Bath- 

 urst a statement of the extent of the exclusion insisted upon against 

 American fishing-vessels, confining the demand for exclusion to 

 waters lying within 3 miles of the shore, this Tribunal is now asked, 

 by its Award, to determine that the President of the United States 

 and his Secretary of State and the Senate of the United States ap- 

 proved this treaty without the United States requesting, on its part, a 

 similar extension of jurisdiction over all bodies of water that might 

 be known by the name of geographical bays indenting the possessions 

 of the United States bordering the Atlantic Ocean. 



It might be instructive to note the Message of the President of 

 the United States of 29th December, 1818, to the Senate transmitting 

 this treaty. 



The Message merely transmitted the treaty, together with the cor- 

 respondence and protocols making up the negotiations, as if no enor- 

 mous change had been made by the negotiators in violation of the 

 instructions of Mr. Adams. It will be recalled by the Tribunal that 

 no proposals were taken by the Commissioners of the United States, 

 ad referendum, and that no further instructions, other than the in- 

 structions read at the Friday session, were ever issued to the Com- 

 missioners. The Message of the President reads: 



" I lay before the Senate, for their consideration, a convention 

 signed at London on the 20th of October last, between the United 

 States and Great Britain, together with the documents showing the 

 course and progress of the negotiation. I have to request that these 

 documents, which are original, may be returned when the Senate 

 shall have acted on the convention." 



Tbe documents are the documents before this Tribunal. 



I submit, if the Tribunal please, that it seems almost conclusive that 

 an understanding between these two Governments prior to the actual 

 signing of the treaty is shown by this correspondence, which was 



