140 THE ARGUMENT OF THE UNITED STATES. 



the President's intention to renew the negotiation as soon as neces- 

 sary information could be ascertained, and that in the meantime 

 "he relied * * * that the order to the naval officer command- 

 ing on that station not to interrupt or disturb the American fishermen 

 during the approaching season would be renewed."" 



Mr. Adams was assured that, in the expectation that a settlement 

 would be effectuated, instructions would " expedite to the naval 

 commanders on the American station to suspend the execution of the 

 said orders during the approaching season." 6 



While the controversy remained unsettled, twenty vessels sailing 

 from various ports of the United States were captured within a 

 British port by an armed barge from the British sloop-of-war Dee. 



The Department of State protested against the seizures and 

 represented that the United States Government expected redress, 

 inasmuch as the vessels had entered the port in distress. 



Mr. Bagot replied that, if the circumstances represented by the 

 American Government proved to be correct, his Government would 

 take measures for prompt redress of the injuries. He, however, 

 enclosed a report from the captain of the Dee, together " with a copy 

 of the orders under which he acted," and observed: 



By these papers you will perceive that the vessels in question were 

 in the habit ol occupying and were, at the time of their seizure, actu- 

 ally occupying, for the purpose of their fishery, the settled harbors of 

 His Majesty^s dominions, in violation of the orders at all times en- 

 forced against all foreign vessels. 4 



The orders enclosed, given to the captain of the Dee by Rear- 

 Admiral Milne of His Majesty's Navy, contained these instructions : 



On your meeting with any foreign vessel -fishing or at anchor in 

 any or the harbors or creeks in His Majesty's North American prov- 

 inces, or within our maritime jurisdiction, you will seize and send 

 such vessel so trespassing to Halifax for adjudication, unless it should 

 clearly appear that they have been obliged to put in there in conse- 

 quence 01 distress.* 1 



These seizures were made within the three mile limit from shore, 

 and there was no claim of jurisdiction beyond such limit; and noth- 

 ing appears in the orders of the Admiralty or in their execution to 

 indicate any assertion of jurisdiction by Great Britain beyond such 

 limit. The term, " within our jurisdiction," was construed by the 

 Admiralty to mean within three marine miles of the shore, including, 



U. S. Case, 44; Appendix, 294. U. S. Case, 42, 45; Appendix, 298. 



U. S. Case, 45; Appendix, 295. *U. S. Case, Appendix, 299. 



