QUESTION FIVE. 



From where must be measured the " three marine miles of any of 

 the coasts, bays, creeks, or harbors" referred to in the said Article? 



This Question calls for an interpretation of the meaning of the 

 provisions of the renunciatory clause of Article I of the treaty of 

 1818, which are as follows: 



And the United States hereby renounce forever, any Liberty here- 

 tofore enjoyed or claimed by the Inhabitants thereof, to take, dry, or 

 cure Fish on, or within three marine Miles of any of the Coasts, 

 Bays, Creeks, or Harbours of His Britannic Majesty's Dominions in 

 America not included within the above mentioned limits. 



A knowledge of the situation existing prior to and at the time of 

 making the treaty of 1818 is essential to a proper understanding of 

 the true intent and meaning of the renunciatory clause. The Case of 

 the United States, therefore, presented a full review of the historical 

 conditions leading up to that treaty and of the circumstances in which 

 it was made, and the controversy and differences which it was in- 

 tended to settle. It was shown that the antecedents and surroundings 

 of the treaty and the language used establish beyond question that 

 the negotiators intended, in adopting the renunciatory clause, that 

 it should apply only to the exercise of the liberties, therein men- 

 tioned, 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. 



Inasmuch as the British Case in the discussion of this Question 

 has not referred to any evidence relating to the negotiations leading 

 up to the treaty of 1818, or to the differences on account of which 

 that treaty was made, no further discussion of the position of the 

 United States on this feature of the Question is required in advance 

 of the printed and oral arguments. 



So also, no evidence is produced in the British Case which calls 

 for a further discussion of the statement made in the Case of the 



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