CONTENTS OF CASE.* Treaty of 1783—United States and Great Britain. Treaty of 1783–Great Britain and France. United States claim to territorial waters, 1806_ Comparison of the treaties of 1783 and 1818_ Reasons for concession in treaty of 1818_ British statute (59 Geo. III, C. 38)-- Seizure in Bay of Fundy, 1843. British concession of Bay of Fundy, 1815- Bay of Fundy arbitration, 1856. Dominion of Canada constitution, 1867- United States Retaliatory Statute, 1897. Bond-Hay Convention, 1902.. Question 1: Right of regulation Nature of the question. Formulation of United States claim, 1878- Reformulation, 1906--- Effect of United States contention. Contentions of Great Britain.--- 13 13 13 1:3 13 14 14 14 14 125 16 10 16 16 19 20 20 21 22 23 • The page references in this table of contents are to the pages of the original publica- tion, which are shown inset in this publication. Absence of difficulty, 1783-1873- Newfoundland legislation, 1873-74 First assertion of present United States claim. Lord Salisbury's position, 1878_- Lord Salisbury's dispatch, 1880_ Lord Granville's statement, 1880- Cessation of discussion, 1880–1905- Navigation regulations, St. Lawrence- Effect of United States contention.. American fishermen, contention of.-- Newfoundland fishermen, employment of.. Intention of negotiators of convention.. Effects of United States contention.. British control over British subjects.. Customs entries and light and harbor dues in treaty waters.. 68 Situation prior to the treaties. United States independence, 1776.- Effect of United States contention.. United States legislation ---- United States indorsement of colonial action. Light dues in colonies prior to 1783. 77 78 Modus vivendi.--. Conclusion... Question 4: Customs entries and light and harbor dues in non-treaty waters.- Contention of Great Britain.-- Exclusion in 1818. Treaty provision discussed. Absence of complaint.--- Canadian orders in council Regulations are reasonable Conclusion Question 5: The question -- History of the question.- Variations in United States contention United States view, 1779–1782_ Delaware Bay, 1793. United States contentions, 1804 Convention of 1806_ Practice of United States fishermen, 1818_ Lyman's diplomacy cited --- Measurement from shores of bay, 1839_ Diplomatic correspondence, 1836-1811. Bay of Fundy, 1843–1845.. Bay of Fundy conceded, 1845. Boundary in the Pacific, 1816_ British attitude. 1852 Notice issued by Mr. Webster, 1852. Debates in Congress, 1852 Bay of Fundy, 1856_-- Proposals for renewal of reciprocity treaty, 1866_ Colonial secretary's instructions to naval officers_ Treaty of 1871.-- United States proposal, 1886.- Canadian reply Convention of 1888. 79 79 80 80 80 81 82 82 83 83 83 84 84 85 86 86 87 87 88 91 92 95 95 96 97 99 100 101 101 101 102 103 Use of word “bay” in various passages of Article I.-- Line to be measured from headlands_ Right of a State over open sea adjoining coast- Maritime jurisdiction claimed by other natious. France and Great Britain, 1839. English writers Continental writers.- Present opinions- Institute of international law. Other opinions. Summary of opinions. Negotiations of 1818 Conclusion.. Question 6: “ Coasts” and “ shores”. The question stated. Analysis of treaty- Distinction between phrases Negotiations, 1814–1818_ Instructions, 1815. French claims. Other treaties. Magdalen Islands Conclusion. 115 117 119 120 121 121 121 122 123 123 123 124 124 125 125 125 126 126 Enforcement of treaty, 1870–71 . Canadian documents on subject----- Secretary Manning's report, 1887---- Report of Committee of United States House of Representatives. 141 Report of Senate Foreign Relations 1887 and 1888... Commercial facilities would alter character of treaty liberties.-- 146 United States contention in Halifax arbitration --- Commercial privileges can not be claimed as a right under inter- |
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