144 THE ARGUMENT OF THE UNITED STATES. 



at their entrances and all waters " close upon the shores " and within 

 three marine miles of the shores, whether bays, creeks or harbors, 

 were by common consent considered within the jurisdiction of Great 

 Britain for they were admittedly within the understood " British 

 limits." 



At the conference, October 6, the British plenipotentiaries brought 

 forward an article on the fisheries which the American plenipoten- 

 tiaries declared was not acceptable." 



Later an article, practically as first drafted by the American 

 Commissioners including the renunciatory clause, was proposed by 

 the British plenipotentiaries and on the 19th of October the article as 

 it finally stood was agreed to and the treaty was concluded on the 

 20th day of October, 1818. 6 



If this renunciatory clause, drafted by the American plenipo- 

 tentiaries, had been made to read on or within three marine miles 

 of any of the coasts, bays, creeks or harbors within the " British 

 jurisdiction" or within "the British limits," or within "the exclu- 

 sive jurisdiction of Great Britain," or within "the maritime limits 

 of Great Britain," or within " the limits of the British sovereignty," 

 the meaning definitely attached to any one of these terms in the notes 

 and discussions between the two powers antedating the meeting of 

 the Commissioners would have now attached when one of the phrases 

 was again used. 



It is not open to discussion that the words, " of His Britannic 

 Majesty's Dominions in America," transferred from the treaty of 

 1783, were the equivalent in all material respects of these other 

 limiting phrases. 



The notes in the possession of the respective plenipotentiaries dis- 

 closed no demand for the surrender of the historic rights of the 

 American fishermen in these great outer bays. There never had been 

 any discussion, between the two powers, of such extended jurisdiction. 

 The protocols of the conferences, in which the proceedings were to be 

 recorded in detail, contain no reference to the discussion of this ques- 

 tion, and the American plenipotentiaries stated that "their instruc- 

 tions did not anticipate that any new terms or restrictions would be 

 annexed " to the proposals made to the American Government prior 

 to the meeting of the negiotators." 



U. S. Case, 57, 58; Appendix, 312, 314. 

 6 U. S. Case, 53, 59 ; Appendix, 317. 

 U. S. Case, 59 ; Appendix, 314. 



