ARGUMENT OF CHARLES B. WARREN. 1191 



" On coming to anchor here, I waited on the collector and authori- 

 ties of the port; and their statements tend to confirm my previous 

 reports, that, so far from any dissatisfaction being felt at our fisher- 

 men, they are welcomed on the coast, and nothing has yet transpired 

 to alter my previously expressed opinion." 



If the Tribunal please, does that look as though in 1853 the United 

 States fishing vessels were not fishing in those bays into which it 

 was sending its vessels for the purpose of protecting its citizens in 

 their fishing operations? 



The reciprocity treaty of 1854 became effective on the llth day of 

 September, 1854, and, according to its terms, extended for a period of 

 ten years, and for another period of twelve months, after either of 

 the high contracting parties should give notice to the other of its 

 wish to terminate the treaty. 



The treaty was terminated by resolution of Congress, the 18th 

 January, 1865. The termination of this treaty of course revived the 

 provisions of article 1 of the treaty of 1818, and it is important to 

 notice the nature of the orders which were issued by the provincial 

 authorities and by the Government of Great Britain after the expira- 

 tion of the reciprocity treaty in 1866, because the provisions of the 

 treaty of 1818 came back into operation. Of course it will be recalled 

 that under the treaty of 1854 the United States enjoyed rights in 

 common with the subjects of Great Britain on these shores. 



I shall not refer to the documents now in speaking of these orders, 

 but will content myself with saying that on the 12th April, 1866, 

 Secretary Cardwell, of the Colonial Office of the Government of 

 Great Britain, in a note addressed to the provincial authorities, in- 

 structed the provincial authorities to put into operation orders 

 against the fishing-vessels of the United States which confined 

 718 territorial bays and he stated in that letter that it had been a 

 question of serious doubt as to what a British bay was to put 

 into effect orders that were in accordance with the convention between 

 France and Great Britain of 1839, which convention the Tribunal 

 will recall fixed a rule of territorial jurisdiction over bays confining 

 jurisdiction to those bodies of water not exceeding from shore to shore 

 10 marine miles in distance. 



A system of licenses was put into operation between the years fol- 

 lowing the termination of the treaty of 1854, and until January 

 1870, when it became necessary for the Government of Great Britain 

 actually to put into effect orders against the fishing-vessels of the 

 United States ; because prior to 1870 the fishing- vessels of the United 

 States had the right, under a system of licensing, to fish in all these 

 waters, and they took out licenses and did so fish, so that these orders 

 which confined the assertion of jurisdiction to bodies of water not 

 more than 10 miles in width, were never put in force. Nevertheless, 

 they were issued without any reservation whatever, and without any 



