ARGUMENT OF CHARLES B. WARREN. 1007 



On p. 146 of the printed Argument of the United States, this pas- 

 sage will be found: 



" "When, therefore, the American plenipotentiaries drafted this re- 

 nunciatory clause, and subsequently, when the plenipotentiaries of 

 both powers agreed upon its terms, they provided that the inhabitants 

 of the United States should renounce any liberty previously enjoyed 

 of taking, drying, and curing fish on or within three marine miles of 

 all the coasts, except the sections of coast, which previously had been 

 specifically designated. The word ' coasts ' comprehended the coast 

 line of all the great bays ; and, of course, the three miles could not be 

 measured from the inner coast line of bays, creeks, or harbors six 

 marine miles or less in width, for the three-mile line drawn across 

 their entrances from the opposite shores closed such bays, irrespective 

 of their inner extent." 



To make that clear, if it lacks clarity, I will say that, when the 

 3-mile line is drawn, following the sinuosities of the shore of the 

 non-treaty coasts, the lines coming from opposite directions meet at 

 a point 3 miles from each shore of any bay 6 miles wide, because the 

 lines following the sinuosities of the shore come together at the point 

 which is on a line 6 miles long drawn from the opposite shores of the 

 bay. 



Continuing reading on p. 146 of the Argument of the United 

 States : 



" The three-mile-from-land rule of measurement excluded the fish- 

 ing vessels from such bays, creeks, or harbors, as it would be impos- 

 sible to enter them without passing through waters within three ma- 

 rine miles of the coast at the entrances. Such bays, creeks, or harbors, 

 necessarily lying landward of the three-mile line, were ' bays, creeks, 

 or harbors of His Britannic Majesty's Dominions in America; and 

 as to them the plenipotentiaries provided a simple rule of thumb for 

 the guidance of American fishing vessels." 



The Tribunal must always, it seems to me, recollect that this treaty 

 was a treaty relating to fishing, and that the endeavour was to lay 

 down some rule for the guidance of fishing-vessels and fishermen. 



Continuing reading on p. 146 : 



" A line following the sinuosities of the coasts at a distance of 

 three marine miles seaward would not enter bays, creeks, or harbors 

 six marine miles or less in width at their entrances that is, bays, 

 creeks, or harbors, 'within the exclusive British jurisdiction;' and 

 therefore the three-mile line was to be drawn seaward from such 

 waters as though the shore-line continued across their entrances. So 

 the clause was stated : ' On or within three marine miles of any of the 

 coasts, bays, creeks, or harbours of His Britannic Majesty's Domin- 

 ions in America.' " 



These are the words of the treaty. 



That is, instead of opening up a space of water to constant con- 

 tention between fishermen, the negotiators extended the 3-marine-mile 

 92909 S. Doc. 870, 61-3, vol 10 8 



