ARGUMENT OF CHARLES B. WARREN. 1193 



Department of the United States, that they were accompanied by a 

 statement, or at least that a later statement was made by the Minister 

 for Great Britain in the United States, that they were not to be 

 construed as an arrangement between the two powers. But, I re- 

 peat again, that the orders as to the 10-mile bays were without reser- 

 vation, without any notice to the United States, and that when the 

 time came that the system of granting licences was abolished, the 

 actual orders put into operation by the Government of Great Britain, 

 and by the Dominion of Canada which complied with the instruc- 

 tions of the Government of Great Britain, confined the exclusion to 

 bodies of water 6 miles or less in extent. 



I come now to the Treaty of Washington of 1871. It will be 

 719 recalled that this treaty took effect the 1st July, 1873, and 

 was made applicable to Newfoundland the 29th May, 1874; 

 that the treaty remained in force for a period of twelve years after 

 its date by virtue of its own terms, and that the Congress of the 

 United States in the year 1883 took advantage of its rights under the 

 terms of the treaty to abrogate the treaty, and gave the two years' 

 notice required by its terms ; and that, in 1885, the treaty was abro- 

 gated in accordance with this Act of Congress. 



A modus vivendi was concluded between the two Governments 

 upon the abrogation of this treaty, because the treaty ceased to have 

 effect in the midst of a fishing season ; therefore, the modus extended 

 the right of American fishing- vessels to fish in all of the waters, that 

 is, all the waters extending to the shore, because under the Treaty 

 of Washington of 18Yl the citizens of the United States enjoyed in 

 common with the subjects of Great Britain the right to fish in all 

 the bays, creeks and harbours of this portion of the North Atlantic 

 Ocean wherever British subjects fished. 



It will be recalled that the Government of the United States paid 

 some 5,500,000 dollars for the privilege of enjoying that right. 



After this treaty was abrogated in 1885 Lord Lansdowne, Gov- 

 ernor-General of Canada, notified Lord Granville, who was at the 

 head of the Foreign Office of Great Britain at that time, in March 

 1886, as will appear in the Appendix to the Case of the United 

 States, at p. 756, that instructions had been issued by the Depart- 

 ment of Marine and Fisheries of Canada to the officers in command 

 of the vessels employed for the protection of the inshore fisheries 

 of the Dominion, and added: "These instructions are substantially 

 the 'same as those which were issued under similar circumstances in 

 1870." So that it is found that after the Treaty of Washington was 

 abrogated in 1885, the nature of the orders issued by the Dominion 

 of Canada and by the Colony of Newfoundland, were similar in all 

 respects to the orders which the Dominion of Canada had issued in 



