ARGUMENT OF CHARLES B. WARREN. 1067 



ions northward of the United States," was not a conclusion of 

 G42 Mr. Monroe's, but was a statement of a provision of the treaty, 



because the treaty applied to the dominions of both countries in 

 North America. 



And on p. 103 of the Appendix to the United States Counter-Case, 

 Mr. Monroe continues 



" The difficulty to obtain the accommodation which was yielded in 

 the twelfth article was extreme. We labored most earnestly to extend 

 it to other Powers without their consenting to reciprocate it in favor of 

 Great Britain, but that could not be accomplished. The British com- 

 missioners urged that as Great Britain predominated at sea, and must 

 lose by the concession in any form, it would be unjust for her to make 

 the concession in their favour, unless they would allow her the ad- 

 vantage of it. Finding that it was impossible to extend the addi- 

 tional limit to other Powers on other terms, we thought it advisable 

 to adopt the arrangement in respect to them conditionally, putting 

 it in their power to accept or reject it as they thought fit. We flat- 

 tered ourselves that as they could not lose by it, they would not refuse 

 their assent to an arrangement by which they might gain, especially 

 as it would prove advantageous to a friendly Power. We deemed it 

 highly important to establish the additional limit in favour of the 

 United States, from the advantage it might afford to their commerce 

 within it, and from the effect which the measure seemed likely to pro- 

 duce on the future conduct of the British squadrons on our coast, by 

 whom it could not fail to be considered as a severe censure on the 

 past." 



As the hour of half after four has arrived, I shall suspend my 

 argument for to-day in accordance with the suggestion of the Tri- 

 bunal, as I haA'e already exceeded the usual limit of the session. 



THE PRESIDENT : For the purpose of facilitating and of shortening 

 the discussions, I should, on behalf of the Court, ask the counsel of 

 both parties to tell us whether they understand the position of Great 

 Britain to be that, under the renunciation clause of the treaty of 

 1818, United States fishermen have renounced the right to enter bays 

 that are non-territorial as well as those that are territorial; that is 

 to say, bays in the geographical sense of the word, without referring 

 to their territoriality. 



It will be quite sufficient for us to have the answer to this ques- 

 tion from both sides to-morrow, at the beginning of our session to- 

 morrow, at ten o'clock. 



[Thereupon, at 4.30 o'clock P. M., the Tribunal adjourned until 

 to-morrow, Friday, July 8, 1910, at 10 o'clock A. M.] 



