ARGUMENT OF CHARLES B. WARREN. 1089 



on the open sea ; and bays wholly within the territory of a nation, 

 the headlands of which are not more than two marine leagues, or six 

 geographical miles, apart, have always been regarded as a part of 

 the territory of the nation in which they lie." 



I take up now the seventh sub-division of the data relied upon 

 to prove the assertion by Great Britain and the United States 

 656 of extended jurisdiction over the waters adjacent to the shores 

 of their possessions. This is the treaty between the United 

 States and Great Britain of the 15th June, 1846, adjusting the Ore- 

 gon boundary. The treaty is printed in the Appendix to the British 

 Case on p. 32. 



In the British Case, at p. 110, this treaty between the United 

 States and Great Britain of 1846 is referred to as evidence of the 

 extended claims of the United States and Great Britain. I am not 

 going to read the extract in the British Case, but it will be found 

 on p. 110, and I will content myself with citing it. 



Quoting now from the treaty on p. 32 of the British Case Ap- 

 pendix, it is declared 



" that the state of doubt and uncertainty which has hitherto prevailed 

 respecting the Sovereignty and Government of the Territory on 

 the North west Coast of America, lying westward of the Rocky or 

 Stony Mountains, should be finally terminated by an amicable com- 

 promise of the rights mutually asserted by the two Parties over the 

 said Territory." 



So the Tribunal will observe by referring to this treaty that the 

 primary object, and the only object, of the treaty, as stated in the 

 treaty itself, was to remove the state of doubt and uncertainty which 

 had prevailed respecting the sovereignty of the territory on the north- 

 west coast referring to the land. The line agreed upon, after leav- 

 ing the mainland, divided numerous islands adjacent to the coasts, as 

 shown on a map of the locality which I submit to the Tribunal. It is 

 a map of the Straits of Juan de Fuca and the adjacent waters. I 

 shall not comment at length upon this chart. 



Article 1 of the treaty, as printed in the British Case Appendix at 

 p. 33, reads : 



"provided, however, that the navigation of the whole of the said 

 channel and straits south of the forty ninth parallel of north latitude 

 remain free and open to both Parties." 



Another similar treaty should be mentioned here. On p. 34 of 

 the British Case Appendix will be found an extract from the treaty 

 of 1848 between the United States and Mexico. This was also a 

 boundary treaty, and is evidently inserted in the Appendix to the 

 British Case for the purpose of basing upon it a similar claim to that 

 made regarding the Oregon boundary treaty or permitting such an 

 inference to be drawn from it. 



