1112 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



heretofore enjoyed or claimed by the inhabitants thereof to take, 

 dry or cure fish on or within three marine miles of any of the coasts, 

 bays, creeks and harbours of His Britannic Majesty's Dominions in 

 America not included within the above-mentioned limits; provided, 

 however, that the American fishermen shall be admitted to enter such 

 bays and harbours for the purpose only of obtaining shelter, wood, 

 water, and bait, but under such restrictions as may be necessary to 

 prevent their drying or curing fish therein, or in any other manner 

 abusing the privilege hereby reserved to them." 



This proposal is in most essential particulars identical with the 

 article as it finally appeared in the treaty, and it is quite unnecessary 

 to pause to read it, as it may be incorported in the report as though 

 read. 



THE PRESIDENT: Please, Sir, what sense do you attribute to the 

 word " any " in the renunciatory clause ? The first time it says re- 

 nounce " any " liberty ; and the second time " within three marine 

 miles of ' any ' of the coasts, bays, harbors, creeks," and so on. Is 

 the word " any " essential or important, or is it unnecessary and 

 superfluous in your opinion, in the second place where it occurs? 

 Would the sense be the same if the word " any " were omitted, if it 

 read " within three marine miles of the coasts, bays, and creeks ? " 



MR. WARREN: The clause to which you refer, Mr. President, is 

 " and the United States hereby renounce any liberty heretofore en- 

 joyed or claimed by the inhabitants thereof to take, dry, or cure 

 fish on or within 3 marine miles of any of the coasts," and 

 670 so on. The word " any " is certainly used in a distributive 

 and refers to all the coasts. 



THE PRESIDENT : You are inclined to think the word " any " is of 

 no great importance, however? 



MR. WARREN : Counsel for the United States have never attached 

 any importance to the word itself it plainly means all the coasts. 

 I will come to the point later in my argument. 



JUDGE GRAY : Is it not equivalent to " all the coasts," or " every 

 one of the coasts," and so on ? 



MR. WARREN : As I just answered the President, your Honour, I 

 think the word was used in a distributive sense as referring to all the 

 coasts, and the negotiators put it " any " of the coasts. 



SIR CHARLES FITZPATRICK: It might have meant coasts and bays 

 of " every description." 



DR. DRAGO : It is tantamount to saying : " with no exception." It 

 means " all and every." 



SIR CHARLES FITZPATRICK : " Of every description." 



JUDGE GRAY : It is intensive. They might have left it out. 



MR. WARREN : The Tribunal will observe, of course, that the re- 

 nunciatory clause as it appears in the treaty finally, is a part of the 

 draft presented by the American Commissioners. The reason that 



