ARGUMENT OP CHARLES B. WARREF. 999 



" His Majesty's Government therefore henceforward propose to 

 regard as bays, in the sense of the treaty, only those inlets of the 

 sea which measure from headland to headland at their entrance the 

 double of the distance of three miles, within which it will still be 

 prohibited to the fishing vessels of the United States to approach the 

 coast for the purpose of fishing." 



I am not unmindful of the fact that this formal decision of the 

 Government of Great Britain was objected to, in behalf of the 

 province of Nova Scotia, and of the province of New Brunswick; 

 but, nevertheless, this was in 1845 the judgment of the Government 

 of Great Britain. The note containing this decision was transmitted 

 to the Governor of Nova Scotia and to the Governor of New Bruns- 

 wick, with the recommendation that the construction of this treaty be 

 carried out along the lines laid down in the note. 



Professor Westlake, until recently Whewell Professor of Inter- 

 national Law at the University of Cambridge in England, at one 

 time President of the Institute of International Law, for many years 

 an eminent authority, and often an advisor of the British Govern- 

 ment, states in his work on International Law, at p. 1ST of vol. i. : 



"As to kays, if the entrance to one of them is not more than twice 

 the width of the littoral sea enjoyed by the country in question, 

 that is, not more than six sea miles in the ordinary case, eight in that 

 of Norway, and so forth, ..." 



and here I pause for' a moment to remind the Tribunal that Norway 

 has steadfastly insisted upon the four-mile limitation, as an excep- 

 tion among nations 



"... there is no access from the open sea to the bay except through 

 the territorial water of that country, and the inner part of the bay 

 will belong to that country no matter how widely it may expand. 

 The line drawn from shore to shore at the part where, in approaching 

 from the open sea, the width first contracts to that mentioned, will 

 take the place of the line of low water, and the littoral sea belonging 

 to the state will be measured outwards from that line to the distance, 

 three miles, or more proper to the state." 



By " proper to the state " Professor Westlake means the maritime 

 limit acknowledged by the state; and there is no doubt that the Gov- 

 ernments of Great Britain and the United States acknowledge this 

 limit to be three marine miles, as is plain from their own decisions, 

 and the decisions of their own courts, and from their statutes, to 

 which of course reference will later be specifically made. 



The position of the Foreign Office of Great Britain to-day on this 

 question has been defined in the House of Lords, by the Under- 

 secretary of State for Foreign Affairs, in reply to a direct question, 

 in these words I read from vol. clxix. of the authorised edition of 

 the Parliamentary Debates of Great Britain, in column 989. 



