124 THE ABGUMENT OF THE UNITED STATES. 



and close upon the shores of her possessions, nor would she prevent 

 fishing beyond a marine league from the shores. 



The creeks and waters close upon the shores were within the 

 territorial jurisdiction of Great Britain, and the sea a marine league 

 from the shores was without the territorial jurisdiction of Great 

 Britain. 



" Within the British limits," lay the creeks and harbors close 

 upon the shores; within the " maritime limits " lay the interdicted 

 fishing grounds; beyond a marine league from the shores lay the 

 open sea. 



The War of 1812 is claimed by Great Britain to have abrogated the 

 liberty of American fishermen within the " maritime limits " of 

 Great Britain extending three marine miles from the shores, within 

 which lay the harbors and creeks close upon the shores that hence- 

 forth were to be closed to American fishermen. 



If the Government of Great Britain had intended to claim exclu- 

 sive jurisdiction, in respect of the fisheries, over great bodies of water 

 extending many miles from shore, would the claim have been ad- 

 vanced by the statement, that hereafter the vessels of the United 

 States would not be permitted to fish within the creeks and close 

 upon the shores of the British territories, and would not be prevented 

 from fishing without the territorial jurisdiction a marine league 

 from the shores f 



When Lord Bathurst and Mr. Adams, Lord Castlereagh and Mr. 

 Adams, Mr. Bagot, Mr. Monroe, and Mr. Rush as acting Secretary 

 of State, and subsequently the negotiators of the treaty of 1818, 

 used the terms " territorial jurisdiction," " exclusive jurisdiction of 

 Great Britain," " maritime limits," " within the British limits," 

 " within the limits of the British Sovereignty," and " His Britannic 

 Majesty's Dominions in America," they referred to a jurisdiction over 

 the territorial sea extending only three marine miles from the shores 

 of His Majesty's possessions in North America, and comprehending 

 only bays, creeks, and harbors found therein. 



Lord Bathurst and Mr. Adams had, without controversy, understood 

 that the territorial jurisdiction extended a marine league from the 

 shore, within which lay the creeks and waters close upon the shores 

 denied to the fishing vessels of the United States, as clearly disclosed 

 by the notes, which, placed subsequently in the hands of the negotia- 



