ABGUMENT OF CHAEL.ES B. WAEREN. 1199 



of His Britannic Majesty's dominions, must be understood as being 

 such bays, creeks and harbours as by the public law of nations were 

 and are within the territorial jurisdiction of the British Government. 

 The committee is therefore clear in its opinion that any pretension 

 that exclusive British jurisdiction exists, either by force of public law 

 or of this treaty, within headlands embracing such great bodies of 

 water, and more than 6 marine miles broad, must be quite untenable." 



If the Tribunal please I have now reviewed the facts material to 

 this Question 5, and I respectfully submit that it appears quite mani- 

 fest that for some twenty years after the treaty was entered into, the 

 American fishing- vessels enjoyed uninterruptedly the rights which 

 are now asserted by the Government of the United States, and that 

 they were not interfered with by the Government of Great Britain ; 

 that when the right was made an issue by the act of Nova Scotia, 

 and by the opinion of the Law Officers of the Crown in 1842, the Brit- 

 ish Government discussed the matter with the provincial authorities, 

 but that the deliberate judgment of the Government of Great Britain 

 was expressed in the note from Lord Stanley to Lord Falkland, which 

 was transmitted in accordance with the decision of the Government 

 of Great Britain ; and that from 1845, after the concession was made 

 regarding the Bay of Fundy, and after this conclusion was reached 

 by the Government of Great Britain, that no serious attempt was 

 ever made, prior to the treaty of 1854, to enforce the Nova Scotia 

 contention against the fishing- vessels of the United States ; that from 

 1854 until the year 1866, during the existence of the Reciprocity 

 Treaty, these rights were enjoyed under the terms of that treaty; 

 that after the expiration of that treaty the orders issued but not put 

 into operation confined the extent of the territorial jurisdiction of 

 Great Britain to bodies of water not more than 10 marine miles in 

 width; but that in 1870, when the Government of Great Britain was 

 forced actually to put orders into execution, they declined to put into 

 execution even those orders, and put into force orders that limited 

 the right to exclude American fishing-vessels from bodies of water 

 that did not exceed 6 miles in width, and from waters within 3 miles 

 of land ; that, under the Treaty of Washington in 1871, the rights 

 were enjoyed by the inhabitants of the United States in common with 

 the subjects of Great Britain, until that treaty was terminated in 

 1885 ; that thereafter the Government of Great Britain put into oper- 

 ation, and the Dominion of Canada and the Colony of Newfoundland 

 put into operation, orders similar in all respects to the orders put into 

 force in 1871 under the decision of the Government of Great Britain ; 

 that in 1886 the Circular No. 371 was amended at the direct re- 

 723 quest of the Government of the United States by the Govern- 

 ment of the Dominion of Canada, at the instance of the 

 Government of Great Britain; so as to make it accord with the treaty 

 92909 S. Doc. 870, 61-3, vol 10 20 



