ARGUMENT OF CHARLES B. WARREN. 1167 



Case of the United States at p. 451, first made known to the Secre- 

 tary of State the theory of interpretation now put forward, and then 

 put forward by the authorities of Nova Scotia. The letter of Lieu- 

 tenant Paine reads as follows: 



" The authorities of Nova Scotia seem to claim a right to exclude 

 Americans from all bays, including those large seas such as the Bay 

 of Fundy and the Bay of Chaleurs; and also to draw a line from 

 headland to headland; the Americans not to approach within three 

 miles of this line. 



" The fishermen, on the contrary, believe they have a right to work 

 anywhere, if not nearer than three miles to the land." 



That is, the fishermen of the United States; and here is the im- 

 portant part of this report of Lieutenant Paine, if the Tribunal 

 please : 



" The orders of Admiral Sir Thomas Harvey," 



704 That is, the British Admiral 



" as he informed me, are only to prevent their fishing nearer 

 than three miles." 



Lieutenant Paine means, there, nearer than 3 miles to land, be- 

 cause he used the expression " nearer to land " just above. 



This evidence as to the nature of the orders to Admiral Sir Thomas 

 Harvey, was referred to in the Case of the United States, and of 

 course was incorporated in full in the Appendix to the Case of the 

 United States, and the orders to Sir Thomas Harvey, although under 

 the exclusive control of the Government of Great Britain, have 

 never been made a part of the evidence submitted to this Tribunal. 



Many of the seizures, indeed. Lieutenant Paine stated, as will be 

 found in the portion of his report on p. 452 of the Appendix to the 

 United States Case, were made by a person who commanded a Che- 

 bacco boat as Lieutenant Paine calls it, with ten or twelve men 

 armed with muskets. The Lieutenant states that he was prompted 

 by his own interests, as secured to him by this Act of the Legisla- 

 ture of Novia Scotia as well as by the certainty of immunity, also 

 assured to him by virtue of the terms of this Act which I have just 

 been referring. 



Various consuls of the United States in Nova Scotia and Cape 

 Breton advised the Department of State of seizures of American 

 vessels in the year 1840, for offences, however, always claimed to have 

 been committed within 3 miles of land. 



The consul at Pictou, on the 25th November, 1840, Pictou being 

 in the Province of Novia Scotia, as appears in the Appendix to the 

 Case of the United States at p. 458, advised the Secretary of State 

 of the United States that the authorities of Novia Scotia claimed 

 that the 3 marine miles should be measured from the headlands. 

 92909 S. Doc. 870, 61-3, vol 10 18 



