ARGUMENT OF JOHN S. EWART. 1415 



upon which this assertion is maintained, is believed by the United 

 States to have received a judicial recognition from other Powers 

 including Great Britain. 



The position of the British Government appears further down upon 

 the same page, and is as follows : 



" The contention of the Answer " 

 that is the Answer of the United States 



" in relation to these doctrines which requires special attention, is that 

 which asserts that Great Britain and other Powers have traditionally 

 recognized a rule, by which foreigners were excluded from fishing in 

 those bays only which are six miles or less in width at their mouths. 

 It is distinctly asserted on the part of Her Majesty's Government 

 that this alleged rule is entirely unknown to, and unrecognized by, 

 Her Majesty's Government, and it is submitted that no instance of 

 such recognition is to be found in the Answer or the Brief accompany- 

 ing the same, and that none can be produced." 



In support of that position an elaborate brief was supplied by the 

 British Government in which not only is the contention identical with 

 that which is now put forward, but the argument used, and the quota- 

 tions made use of, are very largely the same as those which have been 

 submitted to this Tribunal. 



Passing on to the Evarts-Salisbury correspondence, I wish to call 

 attention to the fact that the two sentences in the two letters of Lord 

 Salisbury, upon which Senator Turner placed such strong reliance, 

 are in close juxtaposition with other sentences, and that these other 

 sentences explain very clearly what Lord Salisbury meant. 



The first of these letters is in the British Case Appendix, p. 271. 

 This letter was the one that was written before payment of the award. 

 Senator Turner seemed to indicate that it was because of -Lord Salis- 

 bury's admission in this letter that the United States paid the amount 

 awarded by the Halifax Tribunal. 



The letter is dated the 7th November, and I may as well state now 

 the date of the payment of the award. It was on the 22nd November, 

 as will be found by reference to the United States Counter-Case Ap- 

 pendix, at p. 203. Lord Salisbury's other letter, upon which chief 

 reliance was rested, was not written until about seventeen months 

 afterwards, namely, on the 3rd April, 1880. I refer to the letter in 

 which Lord Salisbury speaks of regulations in force " at the date of 

 the treaty." 



The sentence in this earlier letter, upon which Senator 



855 Turner so strongly relied, will be found in the paragraph 



occurring in the middle of the page, and he read the second 



sentence in that paragraph. The paragraph commences, "I hardly 



believe." The sentence Senator Turner relied upon is as follows: 



" On the other hand, Her Majesty's Government will readily ad- 

 mit what is, indeed, self-evident that British sovereignty, as re- 



