ABGUMENT OF CHARLES B. WARREN. 1019 



3 marine miles of the bays, creeks, or harbours lying landward of the 

 3-marine-mile limit. 



SIR CHARLES FITZPATRICK: Mr. Warren, do I understand your 

 argument to be that by the renunciatory clause in the treaty of 1818 

 you renounced those fishing rights that you had acquired under 

 the treaty of 1783 with respect to territorial bays, and that with 

 respect to those rights you had to fish on the high seas, of course, 

 they remained and were not dealt with? That is your case, as I 

 understand it? 



Mr. WARREN : No, Sir Charles, that is not my argument. 



SIR CHARLES FITZPATRICK: I beg your pardon; I just want to see 

 if I understand your position. 



MR. -WARREN : I have not touched that point, but it is not at all 

 involved in the position of the United States. 



SIR CHARLES FITZPATRICK : Very well ; you need not trouble. 



MR. WARREN : With your permission, Sir Charles, I will state the 

 reason. When the right to fish in the bays was extended to the 

 inhabitants of the United States if you call it extended at least, 

 when it was stipulated for in the treaty of 1783, there was no dis- 

 cussion as to the extent of the territorial waters of Great Britain in 

 respect of bays, creeks, or harbours, because the fishermen of the 

 United States had the right to go to the very shores of the entire 

 British territories in the North Atlantic and fish in all waters that 



the subjects of Great Britain had the right to fish in. 

 613 SIR CHARLES FIT/PATRICK: Independently of the treaty? 



MR. WARREN: No. Sir Charles, by virtue of the treaty of 

 1783. I will read the clause of the treaty of 1783. If I understand 

 the question put 



SIR CHARLES FITZPATRICK : It was not a question ; it was rather a 

 statement of my understanding of your argument. I may have mis- 

 understood you. 



MR. WARREN: I would again observe that the statement made of 

 my position did not involve any consideration of the treaty of 1783, 

 nor does it. 



SIR CHARLES FITZPATRICK : In substance, by the renunciatory clause 

 of the treaty of 1818, you say that you did not renounce those rights 

 which you had, as one of the general public, to fish in the open sea ? 



MR. WARREN : That is correct, Sir Charles, when one understands 

 that by open sea I mean all outside the 3-mile limit. 



SIR CHARLES FITZPATRTCK : That is another way of putting it ? 



MR. WARREN : Yes, Sir. Now, turning to the treaty of 1783, p. 13 

 of the Appendix to the Case of Great Britain, the third article of 

 the treaty will be found to read as follows: 



" It is agreed, that the People of The United States shall continue 

 to enjoy unmolested the right to take Fish of every kind on the 



