INTRODUCTION cxxv 



formed by headlands, or within five marine miles from the shore belong- 

 ing to the other party, or from a right line from one headland to another." 



It would seem that the rejection of this proposal by the British com- 

 missioners can properly be taken as a denial of jurisdiction within such 

 chambers and as an intimation that Great Britain did not at that time 

 either desire or have in mind such jurisdiction. In view of these facts 

 it would seem that the bays contemplated by the negotiators were the 

 small territorial bays, whose entrances were not greater than double 

 the three miles so often mentioned in the correspondence as the limit of 

 British jurisdiction, and that bays, "formed by headlands, or within five 

 marine miles from the shore belonging to the other party, or from a 

 straight line from one headland to another" were not the bays within the 

 contemplation of the British negotiators, for the proposition to extend 

 jurisdiction to headlands between bays was specifically rejected by the 

 duly authorized negotiators of Great Britain. From the report of the 

 American commissioners it is evident that they regarded the renuncia- 

 tion only as a renunciation of the right to fish within three miles of the 

 territorial waters of the non-treaty coast, as is indicated by their refer- 

 ence to the right to fish within Hudson Bay, three miles from the coast, 

 and the right as secured by the convention, to fish within three miles 

 from the Nova Scotia coast. 



As previously stated, we do not have the report of the British com- 

 missioners, although such a report was doubtless prepared, and it is, 

 therefore, impossible, until the British Government shall publish the 

 report of its commissioners, to state the views of Messrs. Robinson and 

 Goulburn upon the nature, extent, and efi'ect of the renunciatory clause. 

 It is fair to presume that if the report of the British negotiators favored 

 the subsequent contentions of the British Government it would have been 

 submitted to the Tribunal, for British counsel were careful to print in 

 the Appendix to their Case both the original report of Messrs. Gallatin 

 and Rush and the supplementary Report of Mr. Gallatin to the Secretary 

 of State, dated November 6, 1818. 



Mr. Gallatin's supplemental report is exceedingly valuable as showing 

 that the right acquired by the United States to fish within British terri- 

 torial waters was considered a servitude, and Mr. Rush's various expres- 

 sions of opinion subsequent to the convention are important as showing 

 that in his mind at least only the right was renounced to approach within 

 three miles of the territorial waters of the British Dominions in North 

 America. 



In a work entitled "Memoranda of a Residence at the Court of 

 London," published in 1833, Mr. Rush stated that the renunciatory 



