QUESTION FIVE. 125 



tors in 1818, became the basis of the negotiations and virtually the 

 measure of their respective powers. 



Before the consideration of the negotiations in 1818 to compose the 

 " differences " between the two nations, it is important to review the 

 diplomatic history of the two powers, which is material to this Ques- 

 tion, between the termination of the War for Independence in 1783, 

 and the commencement of negotiations leading to the treaty of 1818, 

 for the purpose of ascertaining how precise an understanding had 

 actually been reached as to the limits of " the exclusive British juris- 

 diction," or " the limits of the British sovereignty," over the waters 

 adjacent to the shores of His Majesty's possessions in North America. 

 These terms were used in the negotiations leading to the treaty of 1818 

 with such definite meaning as to preclude any conclusion except that 

 a perfect and complete understanding existed between the two 

 Governments as to their exact meaning. 



This review becomes the more important because of the erroneous 

 conclusions in the Case of Great Britain drawn from incomplete data 

 as to the extent of the " maritime limits " in respect of the fisheries in 

 1818. 



A careful reading and consideration of these prior negotiations be- 

 tween the two Governments regarding the extent of maritime juris- 

 diction discloses that before the Treaty of Ghent, and antedating any 

 discussion of the modification of the liberty of the people of the 

 United States by reason of the War of 1812, it was well understood 

 by the United States that Great Britain's claim of sovereignty over 

 adjacent waters, or the territorial sea, in the North Atlantic was 

 limited to three marine miles from the shores, comprehending only 

 the bays and creeks therein contained. 



THE UNRATIFIED TREATY OF DECEMBER 31, 1806, AND ITS 

 BEARING UPON THE EXTENT OF MARITIME JURISDICTION. 



The treaty of November 17, 1794, between the United States and 

 Great Britain, known as the Jay Treaty, expired by limitation, in ac- 

 cordance with its terms, with the exception of the first ten articles, 

 and the twelfth, twelve years after the exchange of ratifications, 

 October 28, 1795. 



