142 THE ARGUMENT OF THE UNITED STATES. 



that it shall be secured as a permanent right, not liable to be im- 

 paired by any future war, from Cape Kay to the Ramea Islands. 

 and from Mount Joli, on the Labrador coast, through the Strait of 

 Belle Isle, indefinitely north along the coast ; the right to extend as 

 well to curing and drying the fish as to fishing. 



Mr. Rush, who as acting Secretary of State had conducted part 

 of the correspondence with Mr. Bagot, was furnished with copies 

 of all the correspondence with the British Government, including 

 the notes exchanged between Lord Bathurst and Mr. Adams, when 

 the latter was minister in Great Britain. In this correspondence the 

 " differences " existing between the two Governments plainly ap- 

 peared. This correspondence established that there was no contro- 

 versy between the two Governments as to what waters were high seas 

 and what waters were within the "maritime jurisdiction" of Great 

 Britain or " within the British limits." 



In these diplomatic notes, Great Britain had clearly defined the 

 terms, " territorial jurisdiction," " maritime limits," " within the 

 British limits," " within the limits of the British sovereignty," as 

 including waters within three marine miles from the shores of the 

 British possessions in North America. Throughout the negotiations 

 no claim had ever been made to jurisdiction in respect of the fisheries 

 over bodies of water of whatever character extending more than 

 three marine miles from shore. 



The British complaint emanating from Lord Bathurst was that the 

 vessels of the United States could not be permitted " to -fish within 

 the creeks and close upon the shores" and he stated they would not be 

 interrupted " in fishing anywhere in the open sea or without the ter- 

 ritorial jurisdiction a marine league from the shore" * 



Mr. Adams' understanding of the British claim to exclusive juris- 

 diction, so plainly stated to him by Lord Bathurst, must have been in 

 his mind when he drafted these instructions. There had been no con- 

 troversy as to the extent of British jurisdiction. He was in accord 

 with Great Britain as to the extent of the British dominion. The 

 inhabitants of the United States would surrender all rights " within 

 the British jurisdiction generally ; " that is, within three marine miles 

 of the shores of British territory, comprehending the waters lying close 

 upon the shores denied American fishing vessels by Lord Bathurst, 

 upon condition that the permanent right to fish, and to cure and dry 



TJ. S. Case, 53 ; Appendix, 304. 

 U. S. Case, 24 ; Appendix, 256. 



