100G NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



not be extended except by agreement with the United States, in 

 regard to the subject-matter under discussion and negotiation. There 

 had been no claim of exclusive jurisdiction over the large outer bays 

 on the part of Great Britain; and I now ask this Tribunal, or the 

 counsel for Great Britain, to point out in the documents and evi- 

 dence before this Tribunal where any claim of extended jurisdiction 

 over bays as such was made during the negotiations for the treaty of 

 1818 as against the fishermen of the United States of America by 

 Great Britain, and of which the United States was notified. 



On the contrary, it was beyond dispute understood by both Powers 

 that the bays, creeks and harbours of His Britannic Majesty's Do- 

 minions in America were those within the British limits, and there- 

 fore necessarily 6 marine miles or less in width, thus comprehending 

 the waters close upon the shores sought to be closed against the ves- 

 sels of the United States. 



The distinguished counsel for Great Britain, Sir Robert Finlay, 

 found some trouble, and I assume with good intentions in under- 

 standing how it is that only bays comprehended within the 3-mile 

 limit could have been intended, if the precise statement were not 

 made taking it for granted, for the moment, and for the purposes 

 of the argument that such a statement was not made. The position 

 of the United States is, in that respect, that wanting a specific asser- 

 tion of extended jurisdiction over bodies of water outside the ac- 

 knowledged 3-mile limit, the only bays that could have been under- 

 stood to have been included, and that could within the comprehension 

 of the negotiators have been understood to have been included, were 

 those bays lying landward of the 3-mile line fixed by the terms of 

 the treaty itself. The records of the negotiations will be searched 

 in vain for any assertion of exclusive jurisdiction, as against tfie 

 fishermen of the United States, and presented and made to the United 

 States, over bays or greater in extent than those bays found within 

 the 3-mile limit. 



Continuing reading, on p. 145 of the Argument of the United 

 States : 



" If the ' British limits,' or the l limits of the British jurisdiction,' 

 with absolutely no exception sought or asked for bays, extended three 

 marine miles from the shores, in what manner could a bay, creek or 

 harbor ' of His Britannic Majesty's Dominions ' include waters more 

 than three marine miles from the shores? 



"A bay, creek, or harbor of His Britannic Majesty's dominions in 

 America was, therefore, well understood to be a body of water not 

 over six marine miles in width at its entrance. Such a bay, creek, or 

 harbor was to be a closed bay; and the three marine miles 

 605 were to be measured from the shores, and from the lines, de- 

 termined by this measurement from the shores, across bays, 

 creeks, or harbors within His Majesty's admitted jurisdiction," 



