ARGUMENT OF CHARLES B. WARREN. 1015 



from the Report of the Committee on Foreign Relations, quoted in 

 the British Argument, is as follows: 



" It would seem to be clear that by the universally recognized pub- 

 lic law among civilized nations, territorial jurisdiction of every na- 

 tion along the sea is limited to 3 marine miles from its coasts, as they 

 may happen to be, whether embracing long lines of open coast or em- 

 bracing great curvatures of sea shore, which may, and often do, 

 almost surround vast bodies of the waters of the ocean. The phrase 

 of fhe treaty, therefore, speaking of bays, creeks and harbours of His 

 Britannic Majesty's dominions, must be understood as being such 

 bays, creeks and harbours as by the public law of nations were and 

 are within the territorial jurisdiction of the British Government. 

 The committee is therefore clear in its opinion that any pretension 

 that exclusive British jurisdiction exists, either by force of public law 

 or of this treaty, within headlands embracing such great bodies of 

 water, and more than 6 marine miles broad, must be quite untenable." 



The foundation of the position of the United States is very old. 

 On the 20th October, 1818, the Commissioners on behalf of the 

 United States, Mr. Gallatin and Mr. Rush, on the day that this treaty 

 now before this Tribunal for interpretation was signed, transmitted 

 a report to their Government in which, speaking of Hudson Bay- 

 reading from the Appendix to the Case of the United States, on p. 

 306 they stated: 



" The exception applies only to the coasts and their harbours, and 

 does not affect the right of fishing in Hudson's Bay beyond three 

 miles from the shores, a right which could not exclusively belong to, 

 or be granted by, any nation." 



That was the report of the Commissioners of the United States of 

 their understanding of the principle of law on which the negotiators 

 for these two Governments had proceeded during the negotiation; 

 and that report bears the same date as the treaty now before this 

 Tribunal, the 20th October, 1818, and accompanied, if the Tribunal 

 please, the treaty sent to the State department of their Government, 

 presided over at that time by John Quincy Adams. 



The position of the United States was again taken in the report of 

 Lieutenant Paine, which is printed in the Appendix to the Case of 

 the United States at p. 451, and bears date 1839. I am not going to 

 trouble the Tribunal with reading it, but shall merely content myself 

 with citing it. This position was taken by the Secretary of State, 

 Mr. Forsyth, in the instructions to Mr. Stevenson, when Minister for 

 the United States in Great Britain, and was in turn taken by Mr. 

 Stevenson in his communication to Lord Palmerston, then Secretary 

 of State for Foreign Affairs for Great Britain. 



THE PRESIDENT: You have just referred to the report of Lieu- 

 tenant Paine, on p. 451 ? 



ME. WARREX: Yes, Mr. President. 



