ARGUMENT OF CHARLES B. WARREN. 1185 



trespassing within 3 miles of land. This letter is found on p. 1080 

 of the Appendix to the Case of the United States. 



" I am commanded by the Lieutenant Governor, to call your atten- 

 tion to the enclosed copy of a Despatch from Vice Admiral Sir 

 George F. Seymour, with statements of certain Masters of American 

 Fishing Vessels enclosed. You will, without delay, furnish me 

 with such explanation as will enable the Lieutenant Governor to 

 judge how far the conversations which are made matter of complaint, 

 have been accurately reported. And, in the meantime, you will 

 take care to detain no vessel which is not found trespassing within 

 three miles of land" 



I also respectfully refer the Tribunal to the letter of Captain Dodd 

 to the Provincial Secretary Howe, replying to that letter, to be 

 found on p. 1082 of the Appendix to the Case of the United States. 

 That is from the captain of one of the provincial cruisers to the 

 Provincial Secretary of Nova Scotia. 



There is one other matter of importance that should be considered 

 during this period, and that is the reference that was made by the 

 distinguished counsel for Great Britain to the mission of Commo- 

 dore Perry, of the United States Navy, to the North Atlantic in 

 1852, and his interviews, or reported interviews, with Vice-Admiral 

 Seymour, which reports are confined largely to statements of subordi- 

 nates as to what Commodore Perry said. I am not going to dwell 

 upon the Commodore Perry correspondence, but I desire to call to 

 the attention of the Tribunal the instructions under date the 14th 

 July, 1853, from the Secretary of the Navy, in 1853, to Commodore 

 Shubrick, who succeeded Commodore Perry on the North Atlantic 

 station in 1853. (United States Counter-Case Appendix, p. 169.) 



"SiR: Reposing confidence in your judgment, prudence, and 

 patriotism, the Navy Department sends you on a mission involving 

 the discharge of delicate and responsible duties, bearing at once on 

 the protection of rights and the preservation of peace. Information 

 has reached the government of the United States that her Britannic 

 Majesty's government has stationed off New Brunswick, Nova 

 Scotia, in the Gulf of St. Lawrence, and at other points along the 

 coast of British American possessions, a considerable force of war 

 steamers and sailing-vessels, under the command of Sir George Sey- 

 mour, fully armed and manned; that this array of naval strength 

 is alleged to be designed for service in protecting the rights of 

 British subjects, and* preventing the apprehended encroachments of 

 American citizens upon the "fishing grounds," reserved to Great 

 Britain by the convention of 1818, as interpreted by her Majesty's 

 government; that a large class of enterprising and worthy citizens 

 in the New England States have become apprehensive that there is 

 a settled purpose to disturb them in the enjoyment of their fishing 

 privileges ; and in the absence of any naval force of the United States 

 in that region, armed fishing vessels have gone out with crews pre- 

 pared to take the defence of their rights in their own hands. 



