ARGUMENT OF CHARLES B. WARREN. 1163 



the letter to Lord Malmesbury, as will appear on p. 542 of the Ap- 

 pendix to the Case of the United States. 



Taking up now the chart of the Bay of Fundy, of which so much 

 was made by the distinguished counsel in behalf of Great Britain. 

 This chart, which is now handed to the Tribunal, is numbered 1057, 

 and I will, in discussing this question immediately 



SIR CHARLES FITZPA TRICK : That is a chart of the Bay of Fundy? 



MR. WARREN : A chart of the Bay of Fundy ; and in discussing this 

 question of the operations of the fishing vessels of the United States 

 in the Bay of Fundy, my references will be to this chart No. 1057. 

 The chart is from the hydrographic office, and is from original sur- 

 veys of the British Admiralty in 1855 amongst other sources. 



Before taking up the direct consideration of this chart No. 1057, 

 I desire to pause to say that it would have been a very easy matter 

 for the counsel for Great Britain to have produced before this Tri- 

 bunal the orders issued to the " Dotterel," the nature of which, as I 

 have stated, is set out on p. 77 of the Case of the United States, and 

 in the Appendix to the Case of the United States on pp. 374 and 377. 

 If it had appeared from these orders that vessels were to be seized for 

 fishing in the Bay of Fundy that would have had, I submit, a most 

 important bearing upon this controversy, but the Tribunal will not 

 find, in the evidence submitted in behalf of Great Britain, the orders 

 issued to the " Dotterel," and counsel therefore presented a chart of 

 the Bay of Fundy, to show that certain vessels that had been accused 

 of fishing in the Bay of Fundy had not, in reality, been found in 

 waters which counsel for Great Britain is pleased to define as the 

 Bay of Fundy. 



When discussing this question the counsel for Great Britain used a 

 chart in the collection of maps presented with the Case of the Gov- 

 ernment of His Britannic Majesty before this Tribunal, which is 

 numbered 7 in the book of charts. An examination of that chart will 

 show that in order to establish the fact that some of these vessels 

 were not in the Bay of Fundy, a line is drawn from the southern 

 extremity of Brier Island, at the entrance to St. Mary's Bay on the 

 Nova Scotia side, to a point above the centre of Grand Manan Island, 

 all of which is British territory, and which line, if continued straight 

 through, would run to the north and east of the admitted bound- 

 ary line between the possessions of Great Britain and the United 

 States. 



Now, if the Tribunal please, the chart that I have just handed to 

 the Tribunal, designated as No. 1057, shows a line projected from the 

 southernmost extremity of Brier Island to the southernmost ex- 

 tremity of Grand Manan Island all of which is in British terri- 

 tory and I submit that an examination of the affidavits, upon which 



