ARGUMENT OF CHARLES B. WARREN. 1035 



But of course there is no doubt about their meaning. All limitations, 

 except as to Newfoundland and Quebec, including the limitations pro- 

 posed by the British Government that in the Gulf of St. Lawrence 

 the fishermen of the United States should not fish nearer than 3 

 leagues to the coast, and off the part of Cape Breton lying outside 

 of the Gulf of St. Lawrence that they should be restrained from fish- 

 ing within 15 leagues of the coast disappeared when the treaty itself 

 was signed ; and the inhabitants of the United States, I repeat again, 

 had the right to enjoy practically co-extensively with the subjects of 

 Great Britain the fisheries in the North Atlantic Ocean bordering the 

 British possessions. 



I shall take but a moment, if the Tribunal please, to call attention 

 to the difference in the terms of this article 3 of the Treaty of Peace 

 of 1783 between the United States and Great Britain and the treaty 

 between Great Britain and France of 1713, which is printed in the 

 Appendix to the British Case at p. 7. 



Counsel for Great Britain bring forward in the Case, and again 

 before the Tribunal in oral argument, this treaty of 1713, which con- 

 stituted a contract between Great Britain and France varying in 

 essential particulars from the rights of the inhabitants of the United 

 States recognised by Great Britain in the treaty of 1783, as though 

 it was of some importance as to what the French did. The only 

 clause of this treaty of 1713 that I desire to call to the attention of 

 the Tribunal is found on p. 7 of the Appendix to the British Case : 



" in the said seas, bays, and other places on the coasts of Nova Scotia, 

 that is to say, on those which lie towards the east, within 30 leagues, 

 beginning from the island commonly called Sable, inclusively, and 

 thence stretching along towards the south-west." 



623 In the treaty between Great Britain, France and Spain, of 

 1763, printed on p. 8 of the Appendix to the Case of Great 

 Britain, which was also brought forward as being of enormous im- 

 portance, will be found this provision, commencing with the fifth 

 line of article 5 : 



"And His Britannic Majesty consents to leave to the subjects of 

 the Most Christian King the liberty of fishing in the Gulf of St. 

 Lawrence, on condition that the subjects of France do not exercise 

 the said fishery but at the distance of three leagues from all the 

 coasts belonging to Great Britain, as well those of the continent as 

 those of the islands situated in the said Gulf of St. Lawrence. And 

 as to what relates to the fishery on the coasts of the Island of Cape 

 Breton, out of the said gulf, the subjects of the Most Christian King 

 shall not be permitted to exercise the said fishery but at the distance 

 of 15 leagues from the coasts of the Island of Cape Breton ; and the 

 fishery on the coasts of Nova Scotia or Acadia, and everywhere else 

 out of the said gulf, shall remain on the foot of former treaties." 



