QUESTION FIVE. 109 



the high seas. If it had been intended to limit the meaning of the 

 word " bay " to bays of a certain size only, that limitation would 

 certainly have been discussed and, if agreed to, would have been ex- 

 pressed on the face of the treaty. 



The limit of sovereignty over enclosed waters contended for by the 

 United States has never yet been recognized by the Law of Nations, 

 and this Tribunal, as is respectfully submitted, can only act upon 

 principles which have already become part of the law which it is 

 administering. 



CONCLUSION. 



Great Britain, therefore, contends that the treaty applies to all 

 bays on the coasts of British North America, and that the three 

 marine miles specified in article one must be measured, in the case 

 of unindented coasts, from the shore line at low tide ; and, in the case 

 of all bays, creeks, or harbours, from a line drawn across the mouths 

 of such bays, creeks, or harbours. 



