1060 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



more, vol. 1, p. 284; Pitt Cobbett, 3rd edition, p. 143; Calvo, section 

 365, p. 498; Kliiber, section 130; G. F. de Martens, section 153, 

 p. 399; Halleck, vol. 1, p. 167; Ferguson, vol. 1, p. 399; Creasy, 

 p. 232; Taylor Hannis Taylor, section 217, p. 263, and section 

 228, p. 277. I am not giving the titles of these works, because the 

 Tribunal is familiar with them. Bonfils, section 516; de Cussy. 

 section 40, p. 96; Funck-Brentano and Sorel, p. 375. I do not 

 believe this last authority has been before the Tribunal. They were 

 professors at the University of Paris and were writers on this sub- 

 ject. H. B. Oppenheim, p. 128. 



I respectfully refer the Tribunal to these authorities, in answer to 

 the question put to me. 



JUDGE GRAY: You do not understand me, of course, as expressing 

 any opinion? I was merely asking you whether, when the docu- 

 ments to which you refer speak of the 3-mile limit, or when the au- 

 thors to which you refer speak of the cannon-shot, which is synony- 

 mous therewith, as the limit of territorial jurisdiction, they are not 

 generally speaking of coasts. You say you think not. You think 

 they refer, as well, to the bays. I am willing to take your answer. 



MR. WARREN: I would like to make myself a little clearer, your 

 Honour, not simply to answer the question, but to clear the point, 

 which, of course, is important to this discussion. 



The only complaint that was made by Great Britain against the 

 people of the United States was of fishing in the waters close upon 

 the shore and in the creeks, and of landing to dry and cure. Then 

 Lord Bathurst stated that the extent of the territorial jurisdiction of 

 Great Britain was 1 marine league from the shore. Now, I respect- 

 fully submit that the " shore " is a definite thing, and that when any 

 one uses the term " shore " the shore line is intended, and that, if 

 Great Britain desired to bring into the discussion any claim of ex- 

 tended jurisdiction over bodies of water marked on maps or known 

 to anybody as bays, Lord Bathurst, or some one else, in behalf of 

 Great Britain, should have brought forward such a claim, in 

 638 order that it might have been promptly resisted, as it would 

 have been, by the United States, and as it was resisted in 1783. 



JUDGE GRAY: As to Lord Bathurst, then, you contend that the 

 context of his communication shows that his particular reference to 

 a 3-mile limit included the bays. I understand. 



MR. WARREN: Exactly, your Honour. 



THE PRESIDENT: Of course there are others who are of a different 

 opinion, but if I understand you aright, Sir, those writers whom you 

 have been citing just now, make no distinction as to the belt on the 

 open coast and the shores of the bays; so that also in bays, only the 

 waters in the 3-mile zone are considered as territorial waters, and 



