ARGUMENT OP CHARLES B. WARREN. 1001 



put forward by the counsel for Great Britain that every body of 

 water which some geographer, of whatever standing, might designate 

 on a map as a bay, was in fact a territorial bay in international law, 

 and for the purposes of fishing was the exclusive territorial water 

 of the nation possessing the adjacent territory. 



The particular Question to which I shall address myself reads : 



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

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



The renunciatory clause in the treaty of 1818, from which arises 

 this Question, reads: 



"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 Harbors of His Britannic Majesty's Dominions in Amer- 

 ica not included within the above-mentioned limits; " 



That phrase " above-mentioned limits " of course refers to the 

 designated coasts within which rights had been granted under the 

 preceding terms of the treaty. 



The clause continues: 



" provided, however, that the American Fishermen shall be admitted 

 to enter such Bays or Harbours for the purpose of Shelter and of 

 repairing Damages therein, of purchasing Wood, and of obtaining 

 AVater, and for no other purpose whatever. But they shall be under 

 such Restrictions as may be necessary to prevent their taking, drying 

 or curing Fish therein, or in any other manner whatever abusing the 

 Privileges hereby reserved to them.". 



The true interpretation of the provision : " Within 3 marine miles 

 of any of the bays, creeks, or harbours of His Britannic Majesty's 

 Dominions in America," when used in connection with the clause 

 " Or within three marine miles of any of the coasts," is to be deter- 

 mined by the Tribunal when answering this Question. 



JUDGE GRAY: May I interrupt you a moment, Mr. Warren? 



MR. WARREN : Certainly, your honour. 



JUDGE GRAY : I wish to ask you whether you have, or whether we 

 can obtain, the Moray Firth Case, referred to in the extract you have 

 just read from the "Parliamentary Debates"? 



MR. WARREN : We can furnish the Tribunal with the Moray Firth 

 Case in the lower court. 



JUDGE GRAY: We should like to have it. 



MR. WARREN : That is the judgment of the lower court. The case 

 is still on appeal, and has not been determined, as I understand, in 

 the higher courts in England. If I am wrong, counsel for Great 

 Britain can correct me. 



JUDGE GRAY : That is all I wished to ask. If we can get it, we can ; 

 and if we cannot, we can get along without it. 



