APPENDIX 423 



the more important bays such as Chaleurs, Conception and 

 MIramichi ; 



( 5 ) Because neither should such relaxations of this claim, 

 as are in evidence, be construed as renunciations of it ; nor 

 should omissions to enforce the claim in regard to bays as 

 to which no controversy arose, be so construed. Such a 

 construction by this Tribunal would not only be intrinsic- 

 ally inequitable but internationally injurious; in that it 

 would discourage conciliatory diplomatic transactions and 

 encourage the assertion of extreme claims in their fullest 

 extent ; 



(c) Because any such relaxations in the extreme claim 

 of Great Britain in its international relations are compen- 

 sated by recognitions of it in the same sphere by the United 

 States; notably in relations with France for instance in 

 1823 when they applied to Great Britain for the protection 

 of their fishery in the bays on the western coast of New- 

 foundland, whence they had been driven by French war 

 vessels on the ground of the pretended exclusive right of 

 the French. Though they never asserted that their fisher- 

 men had been disturbed within the three mile zone, only 

 alleging that the disturbance had taken place in the bays, 

 they claimed to be protected by Great Britain for having 

 been molested in waters which were, as Mr. RUSH stated 

 "clearly within the jurisdiction and sovereignty of Great 

 Britain." 



6. It has been contended by the United States that the 

 words "coasts, bays, creeks or harbours" are here 

 used only to express different parts of the coast and 

 are intended to express and be equivalent to the 

 word "coast/ whereby the three marine miles 

 would be measured from the sinuosities of the coast 

 and the renunciation would apply only to the 

 waters of bays within three miles. 



