1152 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



If the Tribunal will now kindly follow me to p. 319 of the Appen- 

 dix to the Case of the United States there will be found an 



695 extract from the book of Kichard Rush, published in 1833, 

 entitled, "Memoranda of a Residence at the Court of London," 



concerning which I spoke at this morning's session, and from which I 



desire to read the following extract: 



" It was by OUT act that the United States renounced the right to 

 the fisheries not guaranteed to them by the Convention. That clause 

 did not find a place in the British counter-pro jet. We deemed it 

 proper under a three-fold view: (1) to exclude the implication of the 

 fisheries secured to us being a new grant; (2) to place the rights se- 

 cured and renounced, on the same footing of permanence; (3) that it 

 might expressly appear, that our renunciation was limited to three 

 miles from the coasts. This last point we deemed of the more conse- 

 quence from our fishermen having informed us, that the whole fish- 

 ing ground on the coast of Nova Scotia, extended to a greater distance 

 than three miles from the land ; whereas, along the coasts of Labrador 

 it was almost universally close in with the shore. To the saving of 

 the exclusive rights of the Hudson's Bay Company, we did not object. 

 The charter of that company had been granted in 1670, and the 

 people of the United States had never enjoyed rights in that bay that 

 could trench upon those of the company. Finally, it is to be re- 

 marked, that the liberty of drying and curing on certain parts of the 

 coast of Newfoundland, as secured in the article, had not been allotted 

 to the United States even under the old treaty of 1783." 



Mr. Rush stated, after these negotiations with France in 1822 and 

 1824, and after taking up the matter with England, his idea of what 

 the United States had renounced. 



I am now going to pass by the consideration of the affidavits, cor- 

 respondence and documents in connection with this controversy found 

 in the Appendix to the Counter-Case of the United States, from pp. 

 105 to 129 inclusive, with the statement that the affidavits therein 

 found, and the notes and documents therein found, will abundantly 

 establish that the American fishing-vessels were fishing within the 

 strictest territorial jurisdiction of Great Britain, which, according 

 to Mr. Rush, was 3 miles from land, and that Mr. Rush was not pre- 

 senting to the British Government any claim that involved an admis- 

 sion of exclusive jurisdiction of Great Britain over all the waters of 

 St. George's Bay. 



I respectfully submit to the Tribunal the evidence referred to, and 

 pass the subject, Relieving that an examination of the material in the 

 Appendix to the Counter-Case of the United States bearing on this 

 controversy will abundantly establish the position which I have just 

 submitted to the Tribunal. 



I have now come to the consideration of the acts of the two Gov- 

 ernments during the period immediately following the making of 

 the treaty. 



