130 CASE OF THE UNITED STATES. 



ive study of tlie entire history of the fisheries controversy, and in it 

 Mr. Webster reaches the conclusion that the term "bays" as used in 

 the renunciatory clause means the inner bays in distinction from 

 the outer part of the great indentations of the coast." 



It will be found that Mr. Webster's views are in accord with those 

 of Mr. Rush, one of the American Plenipotentiaries who negotiated 

 the treaty, as will appear from an examination of several state- 

 ments published by Mr. Rush on the subject, one of wliich was writ- 

 ten on July 18, 1853, to Mr. Marcy, then Secretary of State, in re- 

 sponse to a request for his views on the subject, and in this he says, 

 referring to the treaty of 1818 — 



In signing it. we believed that we retained the right of fishing in 

 the sea, whether called a bay, gulf, or by whatever other term des- 

 ignated, that washed an}^ part of the coast of the British North 

 American Provinces, with the simple exception that we did not come 

 within a marine league of the shore. We had this right by the law 

 of nations. Its confirmation was in the treaty of :83. We retained 

 it undiminished, unless we gave it up by the first article of the con- 

 vention of 1818. This we did not do. The article warrants no such 

 construction.'' 



Mr. Rush's statements on this subject, coming as they do from 

 the highest possible authority upon the true intent and meaning of 

 the renunciatory clause as understood at the time the treaty was 

 made, are entitled to careful consideration and are printed in full 

 in the Appendix to this Case.*^ 



The decision of the Claims Commission of 1853 in the Washington and 



Argus cases. 



Under the Claims Convention of February 8, 1853, between the 

 United States and Great Britain, claims for damages for the seizures 

 of the Washington and the Argus were submitted for decision to the 

 Joint Commission established by that convention for the settlement 

 of claims, and on the disagreement of the commissioners both of these 

 cases were decided in favor of the claimant by the umpire, Mr. Joshua 

 Bates, who sustamed in all respects the contentions of the United 

 States as to the true intent and meaning of the word "bays" as used 

 in the treaty of 1818. The full text of these decisions is given below: 



"Appendix, pp. .524-533. & Appendix, p. 554. c Appendix, pp. 549-557. 



