2 CONTENTS OF THE ARGUMENT. 



Page. 



QUESTION Two 87 



Scope and meaning of the Question 87 



Erroneous assumption in the British Case as to the intention of the 



negotiators 88 



The Evarts report 89 



Refutation of the British contentions 89 



QUESTION THREB 97 



Scope and meaning of the Question 97 



Application of the law of servitudes 99 



The intention of the negotiators 101 



Customary exemptions accorded fishing vessels 109 



Canadian attitude toward changed conditions 110 



Conclusion Ill 



QUESTION FOUR 113 



Scope and meaning of the Question 113 



Local conditions on non-treaty coasts 114 



Restrictions limited to those necessary for the purposes specified in 



the treaty 115 



QUESTION FIVE 117 



Scope and meaning of the Question 117 



The "differences" referred to in Treaty of 1818, and the manner in which 



they were composed 119 



The Treaty of 1783 119 



The unratified Treaty of December 31, 1806, and its bearing upon the 



extent of maritime jurisdiction 125 



The War of 1812 Origin of the differences composed by the Treaty 



of 1818 131 



The negotiations preceding the meeting of the commissioners in 1818. 133 



The negotiations of 1818 141 



The meaning given to the words of this clause contemporaneously with 



the signing of the treaty 148 



The report of the American Commissioners in 1818 149 



The statements of Richard Rush in 1833 and in 1853 153 



The renunciatory clause interpreted by the actions of the two Govern- 

 ments following the treaty 154 



The origin and course of the controversy as to " Bays " 157 



The headland theory 163 



The "Washington" and the "Argus" cases 167 



British attitude toward the Nova Scotia theory 173 



The Nova Scotia theory not adopted by the other colonies 178 



The situation from 1 852 to 1854 1 80 



The decisions in the "Washington" and "Argus" cases 184 



The position of Great Britain after the termination of the Treaty of 1854 . 185 



The negotiation of the Treaty of Washington 191 



The orders issued by Great Britain after the termination of the fish- 

 eries articles of the Treaty of 1871 192 



Summary 196 



The law applicable to Question Five 198 



Authorities and precedents referred to in the British Case 215 



