116 . ARGUMENT OP GREAT BRITAIN. 



The United States Senate declined to ratify this convention, and 

 it never became operative. Since 1888, the question has not been 



further discussed. 



SUMMARY. 



The following points are established by this evidence : 



1. The controversy as to bays originated after 1836, when the 

 American fishermen first began to follow the mackerel into British 

 inshore waters. 



2. Great Britain in 1838, on the first occasion when the question 



was raised, put forward the construction of the treaty for 

 131 which she now contends, and she has never departed from that 

 construction. 



3. Mr. Everett, in 1845, in terms admitted that it was not the in- 

 tention of the treaty that the three mile limit should be measured 

 following the indentations of the coast, and the letter which con- 

 tained this admission received the express approval of the President 

 of the United States. This admission is wholly opposed to the con- 

 tention now put forward by the United States. 



4. The concession of the Bay of Fundy was concurred in by the 

 Colonies for the reason that Mr. Everett was understood to have 

 assented to the construction of the clause as to bays for which Great 

 Britain contended. 



5. From 1845 to 1852, the British construction was accepted and 

 acted on. The only doubts raised by the American commanders were 

 as to the exact location of the headlands of particular bays. From 

 1854 to 1866, and again from 1871 to 1885, the matter was dealt with 

 by treaty. 



INTENTION OF NEGOTIATORS. 



In the Counter-Case of the United States it is asserted that (United 

 States Counter-Case, p. 67) 



" the antecedents and surroundings of the treaty and the language 

 used establish beyond question that the negotiators intended, in adopt- 

 ing the renunciatory clause, that it should apply only to the exercise 

 of the liberties, therein mentioned, on or within three marine miles of 

 the shore, and that the bays, creeks, and harbors referred to were 

 those inside of such limit of three marine miles," 



and it is said that this has been shown in their Case. 



His Majesty's Government is entirely unable to accept this asser- 

 tion, and must join issue on every part of it. Nor has His Majesty's 

 Government been able to discover in the Case of the United States 

 any proof whatever in support of the statement. The point has been 

 dealt with in the British Counter-Case, and His Majesty's Govern- 

 ment have given the reasons why it is unable to accept the recollec- 

 tions of Mr. Rush, written as they were thirty-five years after the 



