184 THE ARGUMENT OF THE UNITED STATES. 



to the United States in public records, were placed in evidence, and 

 it was there shown that no attempt was made on the part of Great 

 Britain to interfere, in the earlier period or during this period, with 

 American vessels unless found within three miles of land. 



The Counter Case of Great Britain does not question this fact and 

 offers no evidence in contradiction of it, nor are any orders issued to 

 the naval forces in the North Atlantic covering these periods placed 

 in evidence by Great Britain. The facts presented in the Case of 

 the United States not having been controverted by Great Britain, 

 and that Government having failed to produce any of the original 

 orders to her naval officers, all of which orders are in her exclusive 

 possession, these facts must be taken as admitted. 



The conclusion of the reciprocity treaty of 1854 put this contro- 

 versy at rest until 1866, when the treaty was terminated by the United 

 States on notice given as therein provided. The provisions of this 

 treaty superseded the treaty of 1818 in respect of the fisheries on the 

 non-treaty coasts. 



THE DECISIONS IN THE "WASHINGTON" AND "ARGUS" CASES. 



There is one event of the first importance to be considered before 

 this period is passed. February 8, 1853, the United States and 

 Great Britain concluded a claims convention. The claims for dam- 

 ages arising from the seizure of the Washington and Argus were 

 among those submitted to the joint commission created by that 

 convention. 



The commissioners for the two Governments disagreed in both of 

 these cases, and they were referred to the umpire, who decided both 

 claims in favor of the claimants, and sustained the contention of the 

 United States as to the true interpretation of the renunciatory clause 

 of the treaty. 



The decisions of the umpire in the two cases are printed in full in 

 the Case of the United States. 6 



It will be recalled that the Washington was seized within the Bay 

 of Fundy from six to ten miles from the shore, on the 10th of May, 

 1843, and that the Argus was seized in August, 1844, off the coast of 

 Cape Breton, when, it was claimed, the vessel was within three miles 

 of a line drawn from Cow Bay Head to Cape North. 



U. S. Case, 133; Appendix, 26. *U. S. Case, 131-133. 



