ABGUMENT OF CHARLES B. WARREN. 1009 



speaking became a part of the territorial waters of Great Britain in 

 respect of fishing under the terms of the treaty? 



THE PRESIDENT: Yes, that was the first question. 



MR. WARREN : Then, answering that question, I would say that 

 they did. Now, the second question was : Whether or not there were 

 not points or places within these triangles which would be more than 

 3 miles from shore? 



THE PRESIDENT: Yes. 



MR. WARREN: Assuredly, Mr. President; any point within one of 

 those triangles, except for the provision above referred to, would be. 

 I have a chart which I claim to be somewhat more elaborate than the 

 chart submitted by counsel for Great Britain, but in the absence of 

 that chart I will answer the President's question by making use 

 temporarily of the one furnished by counsel for Great Britain. 



Any place within that triangle would be beyond 3 miles from 

 shore; but the reason that the negotiators for the United States stipu- 

 lated that that water should be the territorial water of Great Britain 

 in respect of these fisheries was because, if they had not, a fisherman 

 would have had nothing to guide him in keeping away from the 

 shore, and when he reached a bay he might have gone in until he 

 touched the 6-mile line across; then, if he went one inch over he 

 would have been in the exclusive jurisdictional waters of Great 

 Britain, and a difficulty and a complication would have immediately 

 occurred. Therefore, in order to avoid that complication and diffi- 

 culty, the negotiators laid down that rule which Professor Westlake, 

 at p. 187 of vol. i of his work on international law, says is now the 

 rule. He states it thus : 



" The line drawn from shore to shore at the part where, in ap- 

 proaching from the open sea, the width first contracts to that men- 

 tioned, 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." 



THE PRESIDENT: But, according to the words of the renunciatory 

 clause of the treaty, would American fishermen be excluded from 

 fishing in this triangle? 



MR. WARREN : Yes, Mr. President. 



THE PRESIDENT : I ask only for information. Do you not make too 

 great a concession to Great Britain in doing so? 



MR. WARREN : The United States made it, Mr. President. 



THE PRESIDENT : A concession beyond the words of the treaty ? 



MR. WARREN : No, Mr. President ; we do not make a concession be- 

 yond the words of the treaty. The United States made a concession 

 by the words of the treaty; because the treaty says that American 

 fishermen should not be allowed to take, dry, or cure fish on or within 

 3 marine miles of any of the coasts, bays, creeks, or harbours of 



