118 THE ARGUMENT OF THE UNITED STATES. 



treaty; but when it is more than that breadth, the question arises 

 whether it is a bay of Her Britannic Majesty's Dominions. 



The decision of this Question, in the view of the United States, 

 necessitates the determination of the coasts referred to, and the 

 extent prior to 1818 of the dominion of Great Britain, with the 

 acquiescence of the United States, in respect of the fisheries, over the 

 waters adjacent to the shores of its possessions in America, bordering 

 the North Atlantic Ocean; or the extent of the territorial sea over 

 which Great Britain exercised sovereignty, in respect of the fisheries, 

 with the acquiescence of the United States. 



Article I of the treaty of 1818 recites: 



Whereas differences have arisen respecting the liberty claimed by 

 the United States for the inhabitants thereof to take, dry and cure 

 fish on certain coasts, bays, harbors and creeks of His Britannic 

 Majesty's dominions in America, it is agreed between the high con- 

 tracting parties that the inhabitants of the said United States shall 

 have forever certain rights. 



It is apparent that differences had arisen which the treaty intended 

 to adjust. The true interpretation of the words of the treaty is 

 connected inseparably with the antecedent facts disclosing these dif- 

 ferences which existed, and with the practical difficulties which the 

 treaty was intended to remove. 



The orderly presentation of the facts and of the arguments there- 

 from bearing upon the true interpretation of this clause divides natu- 

 rally under four heads : 



1. What were the " differences " existing between the United 

 States and Great Britain referred to in the treaty of 1818, and in 

 what manner did the plenipotentiaries of the two powers compose 

 them? 



2. What meaning was given this clause contemporaneously with 

 the signing of the treaty? 



3. Do the actions of the two Governments during the years imme- 

 diately following the signing of the treaty disclose the true inter- 

 pretation ? 



4. What was the origin of the contention now advanced by the 

 Government of Great Britain, and what has been the attitude of 

 the United States and Great Britain with reference thereto ? 



The United States will not attempt in this printed argument to 

 refer specifically to the large number of erroneous assertions of fact 



a U. S. Case, Appendix, 628. 



