

ARGUMENT OF CHARLES B. WARREN. 1149 



If the Tribunal please, Mr. Adams was negotiating with and 

 talking with the Minister from France about the controversy that 

 arose in 1822 on the coast of Newfoundland between the vessels of 

 the United States and the French vessels, and the words in the 

 British Case, " that the same map was made use of in subsequent 

 negotiations," must be understood as referring to the subsequent nego- 

 tiations in 1822 and 1824, and not to subsequent negotiations in 1818, 

 because the diary of Mr. Adams shows what negotiation Mr. Adams 

 was writing about. 



Before passing to a consideration of the actions of the two Gov- 

 ernments immediately after the making of the treaty, there is one 

 matter brought into the discussion by the counsel for Great Britain, 

 which should be cleared up, if possible. Sir Robert Finlay said at 

 p. 59 of the report of his oral argument : 



" From the year 1819 to 1836 there is a lull with regard to matters 

 affecting this treaty of 1818. There are only two points which I 

 shall notice in regard to the interval and they are both of consid- 

 erable importance. The first relates to the sort of collision which 

 took place in 1822 between the United States and France with regard 

 to the exclusion by French vessels of United States fishermen from 

 the bays on the west coast of Newfoundland over which the French, 

 under their treaties with Great Britain, claimed exclusive rights. 

 I shall refer to what took place then for the purpose of bringing out 

 clearly what was the extent of the French claim, and the very strong 

 assertions that were made by the United States with regard to the 

 jurisdiction of the British in the waters on that western coast of 

 Newfoundland. The second incident which I shall notice relates 

 to a statement which was made in the argument of the United States 

 to the effect that it is established by overwhelming evidence that the 

 American fishermen, during these years before 1836, habitually fished 

 in the Bay of Fundy, and that the British Government acquiesced 

 in their doing so unless they came within 3 miles of land." 



The distinguished counsel, as reported at p. 61, also said: 



"The correspondence which ensued between the United States 

 Government and the French Government will be found beginning at 

 page 101 of the Appendix to the British Case. It extends from page 

 101 to page 113. and it is necessary, not to read that correspondence 

 throughout, but to refer to it for the purpose of seeing the very 

 strong assertions made by the United States as to the jurisdiction 

 of Great Britain in the bays upon that coast." 



The correspondence relating to this incident is printed in the 

 Appendix to the Counter-Case of the United States, commencing on 

 p. 105, and continuing through p. 129. 



I have no intention of delaying the Tribunal for the purpose of 

 analysing that evidence, and I shall be quite content to refer to one 

 or two extracts which I respectfully submit are entirely conclusive 

 as to what was the nature of the assertion of France, and as to what 

 was done as between the Governments of Great Britain and the 

 United States and as between France and the United States. 



