1028 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



for the Pacific, and I agree the law is the same for each that outside 

 the territorial limits there is an unrestricted right and liberty for all 

 mankind to take what it can from the bosom of the sea." 



And if the Tribunal please, Lord Russell of Killowen, then Sir 

 Charles Russell, was talking about the treaty of 1818, in connection 

 with the treaty of 1783, when he made this statement his statement 

 was not detached from any connection with the treaty of 1818. 



I now leave these references to the past position of Great Britain, 

 by these most distinguished representatives of the Government of 

 Great Britain, to speak for themselves, and pass on to the position 

 of the counsel for Great Britain in this submission. 



The past position of Great Britain has been departed from in this 

 submission. Although Lord Bathurst, as just quoted, had stated, in 

 1814, that until any arrangement should be made to the contrary, 

 the usual maritime jurisdiction of one league should be common to 

 both contracting parties, this statement coming to the question of 

 Mr. Justice Gray is now made, on behalf of Great Britain, in the 

 British Case, at p. 83 : 



" His Majesty's Government contend that the negotiators of the 

 treaty meant by ' bays,' all those waters which, at the time, every one 

 knew as bays." 



And on p. 103 of the same volume : 



" His Majesty's Government contends that the term ' bays ' as 

 used in the renunciation clause of article 1, includes all tracts of water 

 on the non-treaty coasts which were known under the name of bays 

 in 1818, and that the 3 marine miles must be measured from a line 

 drawn between the headlands of those waters." 



And, in the British Argument, the statement is made on p. 92. 



" In the Counter-Case of the United States the attitude of Great 

 Britain on this point has been misunderstood. It is there stated that 

 ' the British Case is based on the assumption that the words " bays, 

 creeks, or harbours of his Britannic Majesty's Dominions in Amer- 

 ica," as used in the renunciatory clause of the treaty, were intended 

 to be descriptive of territorial waters of Great Britain,' and an argu- 

 ment is thereupon formulated on that issue. This is a misapprehen- 

 sion. The contention of His Majesty's Government is stated quite 

 clearly in the British Case, and has been stated in the same way on 

 many occasions during the last seventy years. It is that the treaty 

 relates to all bays on the British coasts." 



JUDGE GRAY: You will excuse me for interrupting you, but I 

 really did not understand clearly a day has intervened since you 

 first made the statement that the contention was upon any other 

 ground than that the bays from which American fishermen were ex- 

 cluded were only the territorial bays of Great Britain. 



MR. WARREN : If your Honour pleases, I will read the next sen- 

 tence from the extract from the printed Argument of Great Britain : 



" In that view no question can arise as to territorial jurisdiction." 



