1206 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



"And as this assertion of dominion has not been questioned by any 

 nation from 1819 down to 1872, when a fresh convention was made, 

 this would be very strong in the tribunals of any nation to shew that 

 this bay is by prescription part of the exclusive territory of Great 

 Britain. As already observed, in a British tribunal it is decisive." 



This case therefore appears to be an authority on the method of 

 acquiring jurisdiction over large bodies of water indenting the coast 

 of a country. 



But inasmuch as the Act 59 Geo. Ill, passed in 1819, was passed 

 after the treaty of 1818 was signed, and merely used the words of the 

 treaty, and since the evidence before this Tribunal establishes that 

 the United States has, since the question arose, not acquiesced in the 

 exclusive dominion of Newfoundland or Great Britain over the large 

 bays on the non-treaty coasts, but has, on the contrary, asserted the 

 right of American fishing-vessels to freely resort to all such bays 

 more than 6 miles in width at their entrances so long as they did not 

 fish within 3 marine miles of the shores thereof, it is apparent that 

 the assumption by the Judicial Committee of the Privy Council that 

 the United States had " from 1819 down to 1872 " not questioned the 

 assertion of exclusive dominion over this bay is without foundation 

 in fact. 



An examination of the record in this Conception Bay case, which 

 I have here, also shows that there was no evidence presented of any 

 acquiescence by the United States in the assertion by Newfoundland 

 or Great Britain of exclusive dominion over the waters of this bay. 



I will file with the Tribunal a copy of this record before the 

 Judicial Committee of the Privy Council. 



Before 1818, as between the United States and Great Britain, the 

 range of cannon shot had been identified with 3 marine miles. 



I will content myself with citing on this proposition the following 

 authorities and referring to the following evidence: 



Lord Stowell, " Twee Gebroeders," 3 Bob., pp. 162-3 and pp. 

 336-9 ; the "Anna," 5 Rob., p. 373 ; Justice Story, " The Brig Ann," 

 1 Gallison's Reports, p. 61 ; Unratified Treaty of 1806, United States 

 Counter-Case Appendix, p. 22; Note from Mr. Jefferson to M. Genet, 

 Minister for France in United States, British Case Appendix, p. 56; 

 Note from Mr. Jefferson to Mr. Hammond, British Minister in the 

 United States, British Case Appendix, p. 57; Extract from note of 

 Mr. Adams to Mr. Monroe, stating conversation with Lord Bathurst, 

 British Case Appendix, p. 65; Note from Mr. Adams to Lord 



Bathurst, British Case Appendix, p. 67 ; Note from Lord 

 727 Holland and Lord Auckland to Lord Howick, British Case 



Appendix, p. 61; Note from Messrs. Monroe and Pinkney to 

 Mr. Madison, Secretary of State, United States Counter-Case Ap- 

 pendix, p. 96; Treaty between United States and Great Britain of 

 the 29th February, 1892, United States Compilation of Treaties in 

 Force, 1904, p. 355; Award of Tribunal of Arbitration under treaty 



