1078 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Great Britain has never asserted, and the United States has never 

 alleged that she was asserting, that the right of fishery in the non- 

 territorial waters was not a right that belonged to every independent 



nation. That is the point." 

 649 JUDGE GRAY: Mr. Warren, may I ask a question? Is it 



conceded that, in international law, one nation may, by treaty 

 obligation, treaty contract, with another, exclude itself from cer- 

 tain portions of the high seas ? 



MR. WARREN : Most certainly, your Honour. 



At the bottom of p. 321 of this same vol. XIII of the American 

 reprint of the proceedings of the Fur Seal Arbitration at Paris, this 

 eminent authority continued: 



" I leave this branch of the subject by expressing my agreement 

 with the opinion stated on page 157 of the United States Argument, 

 that there cannot be one international law for the Atlantic, and one 

 for the Pacific, and I agree the law is the same for each that out- 

 side the territorial limits there is an unrestricted right and liberty 

 for all mankind to take what it can from the bosom of the sea." 



JUDGE GRAY : May I ask you, for myself entirely, to read that pas- 

 sage again, the statement of Sir Charles Russell, where he alleges 

 as a fact that Great Britain had never asserted, and the United 

 States never alleged that it had asserted, certain things with regard 

 to non-territorial waters? 



MR. WARREN : I shall be very glad to do so, your Honour. It com- 

 mences at the bottom of p. 320 of this vol. XIII : 



" Of course, when the United States became an independent power, 

 one of the family of nations, it would have, in virtue of its sover- 

 eignty, the right to claim the free use of the high seas ; but the point 

 is this : that, from 1783 down through the whole of this negotiation, 

 Great Britain has never asserted, and the United States has never 

 alleged that she was asserting, that the right of fishery in the non- 

 territorial waters was not a right that belonged to every independent 

 nation. That is the point." 



Turning to the Appendix to the case of Great Britain, submitted 

 to the Tribunal of Arbitration at Paris, on p. 563 of vol. V of the 

 American reprint of these Proceedings, a note will be found from 

 Lord Salisbury to Sir Julian Pauncefote, under date the 2nd Au- 

 gust, 1890. 



Sir Julian Pauncefote was at that time Minister for Great Britain 

 in the United States. 



Lord Salisbury enclosed a letter dated the 27th September, 1822, 

 from Mr. George Canning, then the Principal Secretary of State for 

 Foreign Affairs of Great Britain, to the Duke of Wellington. That 

 letter will be found on p. 574 of this vol. V of the Fur Seal Arbitra- 

 tion ; and, reading from p. 575, Mr. Canning stated : 



" I have, indeed, the satisfaction to believe, from a conference which 

 I have had with Count Lieven on this matter, that upon these two 



