ARGUMENT OP CHARLES B. WARREN. 1059 



consequences of that misunderstanding. The ferment occasioned by 

 it is considered by them as the chief obstacle to the adoption of a 

 system more friendly to Great Britain, and in urging the extension 

 of jurisdiction they evidently consider the effect on the public mind 

 in America more than the intrinsic value of the acquisition." 



637 Here, therefore, the British Commissioners have defined 

 what they meant by extended jurisdiction. The jurisdiction 

 acknowledged by the rule of international law was 3 marine miles 

 from shore; but they thought that if the United States and Great 

 Britain could agree upon an extended jurisdiction in a treaty, that 

 Great Britain might derive some little advantage from the claim it 

 would justify of an extended jurisdiction on the coasts of its colo- 

 nial possessions in North America. 



JUDGE GRAY : You do not concede then, Mr. Warren, that in these 

 documents generally, and in public writers where the jurisdiction 

 of 3 miles from the coasts is spoken of, it refers I say generally 

 to the maritime belt along the coast, as distinguished from the bays 

 and harbours ? For instance, if you will pardon me, in the letter of 

 Mr. Madison, No. 11, on p. 60 of the Appendix to the British Case, 

 in the paragraph next to the last : 



" It is agreed that all armed vessels belonging to either of the 

 parties engaged in war, shall be effectually restrained by positive 

 orders, and penal provisions, from seizing, searching, or otherwise 

 interrupting or disturbing vessels to whomsoever belonging, whether 

 outward or inward bound, within the harbours or the chambers 

 formed by headlands, or anywhere at sea, within the distance of four 

 leagues from the shore, or from a right line from one headland to 

 another." 



MR. WARREN : In that respect, your Honour, I could not undertake 

 to say what any particular writer means when he uses an expression, 

 without having the book before me. But I will make this observa- 

 tion, your Honour: that when Great Britain was called upon by 

 Mr. Adams to define the extent of its maritime jurisdiction, in 

 respect of these fisheries, as against the people of the United States, 

 and stated that the extent was 3 marine miles from the shore, and 

 made no claim to an extended jurisdiction over bodies of water 

 known as bays, that Great Britain is precluded from now bringing 

 forward the claim that these bays, creeks, or harbours are something 

 quite apart from the ordinary maritime jurisdiction; and I most 

 respectfully refer the Tribunal to the following authorities which 

 hold generally to this doctrine, that within the maritime jurisdiction 

 of a State is comprehended, not only the marginal belt or littoral 

 sea over which the State exercises jurisdiction, or a right of sover- 

 eignty, but as well its bays, creeks, and harbours. 



Wheaton, at section 177 of his work on the " Elements of Interna- 

 tional Law ; " Dr. Oppenheim, at pp. 222 and 247 ; Sir Robert Philli- 



