1068 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



TWENTY-FIRST DAY: FRIDAY, JULY 8, 1910. 



The Tribunal met at 10 o'clock A. M. 



SENATOR ROOT: The Tribunal propounded a question yesterday 

 which was in form addressed to counsel both of Great Britain and 

 of the United States. And as the question related to the then under- 

 standing of the respective counsel as to the position of Great Britain, 

 I think perhaps it would be appropriate for the counsel of the United 

 States to answer the question first, because what Great Britain may 

 say in answer to the question may possibly have the effect of modify- 

 ing the views as to their position which we entertain. And I will 

 ask leave of the Tribunal now to read the statement of the view of 

 counsel for the United States upon the question put by the Tribunal, 

 if it is the pleasure of the Tribunal? 



THE PRESIDENT : Yes, Sir. 



SENATOR ROOT: The counsel of the United States have the honour 

 to answer the question asked by the President, in behalf of the 

 Tribunal, on the 7th July, as follows: 



They understand the position of Great Britain to be that, under 

 the renunciation clause of the treaty of 1818, the United States has 

 renounced the right to have its inhabitants take fish in bays, in the 

 geographical sense of the word, without referring to their terri- 

 toriality, as stated 



1. In the British Case, p. 83 : 



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

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

 knew as bays." 



643 2. In the British Case, p. 103 : 



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

 as used in the renunciation clause of article one, 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." 



3. In the British Case, p. 104 : 



"The negotiators of the convention were dealing, therefore, with 

 tracts of water on the shores of His Majesty's dominions which were 

 known to everyone under the name of ' bays ' tracts of varying size 

 and of varying conformation, some with greater and some with less 

 width between their headlands, ranging from inclosures of consider- 

 able extent to inlets of small size. They used the term ' bays ' with- 

 out any qualification whatever, and the inference is irresistible, as 

 His Majesty's Government submits, that the term was intended to ap- 

 ply to all the waters on those shores which were known to the nego- 

 tiators and to the public, and w T ere marked on the maps at the time, 

 as ' bays.' If it had been intended that the term should apply only to 

 a limited class of the waters which were then called ' bays,' an express 

 limitation would have been inserted to give effect to that intention." 



