ARGUMENT OF CHARLES B. WARREN. 1177 



decision of those cases, made in accordance with the terms of this 

 treaty between the two Powers, that the waters of the Bay of Fundy 

 and the waters lying within the line from Cape Percy to Cape North 

 were such waters as had been renounced by the United States. 



Following the relaxation as to the Bay of Fundy, the Government 

 of Great Britain did not interfere with the fishing operations of the 

 American fishing- vessels in the waters of the North Atlantic adjoin- 

 ing its possessions between the years 1845 and 1852. And I submit 

 that this is conclusively established by the evidence before this Tri- 

 bunal. 



I am quite aware of the statement made by the distinguished coun- 

 sel for Great Britain, that the arrangement as to the Bay of Fundy 

 between Lord Aberdeen and Mr. Everett was regarded by the United 

 States as a settlement of the controversy, and that between 1845 and 

 1852, there was no fishing within the bays wider in extent than 6 

 miles. But I submit that there is ample evidence before this Tribunal 

 to show that American vessels continued to fish uninterruptedly from 

 the year 1845 until the year 1852, when the excitement was caused 

 by the letter of Lord Malmesbury, who had recently become Minister 

 for Foreign Affairs in Great Britain. I shall later read some of that 

 evidence, and cite other evidence. 



The fact is that none of the other provinces of the British posses- 

 sions bordering the North Atlantic, or adjacent to the North Atlan- 

 tic, had in force during this period any Acts similar to the Act of 

 1836 of Nova Scotia. 



The province of Prince Edward Island enacted, the 15th April, 



1843, a law similar to this law, but no attempt was made to enforce 



its terms. I will not rely upon my statement of the fact, but 



710 refer to the letter written by Governor Bannerman of Prince 



Edward Island, under date of the 12th February, 1852, found 



in the Appendix to the Counter-Case of the United States, at p. 217, 



in which he advised Lord Grey that : 



" The provisions of this Act have never yet been enforced ; " 



This letter was written the 12th February, 1852. It continues 



"but should the Fishery question remain much longer unsettled, in 

 all probability attempts will be made to seize American Fishing 

 vessels, and such attempts may be resisted, which may lead to col- 

 lisions, the consequences of which are not easily to be foreseen." 



The province of New Brunswick did not enact a similar Act to the 

 Act of Nova Scotia of 1836 until the 3rd May, 1853. And a com- 

 mittee of the Newfoundland Legislature in 1845 reported, as appears 

 in the Appendix to the Case of the United States, at p. 1068, that 

 the American vessels were fishing in great numbers in the great 

 bodies of water adjoining the coast, and also stated, in that report, 



