1116 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



directed against the occupation of British harbours and creeks in 

 North America by the fishing-vessels of the United States, and 

 against the vessels of the United States fishing within the creeks and 

 close upon the shores of the British territories. He had expressly 

 disavowed I use his language any " intention to interrupt them in 

 fishing anywhere in the open sea or without the territorial jurisdic- 

 tion, a marine league from the shore." 



The discussion and exchange of notes leading up to this treaty had 

 continued during four years, and throughout the discussions and in 

 the exchange of formal diplomatic notes, " the limits of the British 

 sovereignty " were definitely understood, without being at any time 

 the subject of controversy, to extend " a marine league from the 

 shore," of all the British possessions in North America. 



Bays, harbours, and creeks in North America were referred to, but 

 never at any period of the negotiations did Great Britain assert juris- 

 diction over any waters beyond 3 marine miles from the shores, 

 and never at any period of the negotiations was there any discussion 

 of exclusive jurisdiction over the great outer bays, or any complaint 

 recorded by the Government of Great Britain against the use of these 

 great bays. 



The Tribunal will recall that I have shown that the only seizures, 

 after the war of 1812, and there were, of course, none before 1812, 

 and prior to the negotiations of 1818, were made in harbours that 

 were less than 6 marine miles across in any part. 



Great Britain had, through Mr. Bagot, offered to concede the use 

 of the waters along a designated coast. The negotiators met. Those 

 on behalf of the United States drafted and presented in this pro- 

 posed Article A their demand for a concession to the inhabitants of 

 the United States within the "British limits," and brought forward 

 this renunciatory clause as formulating their conception of the sur- 

 render of pre-existing rights, and the British proposal that the vessels 

 of the United States should not, outside of the coasts to be desig- 

 nated, resort to the waters close upon the shores within the British 

 jurisdiction of 3 marine, miles from the shores. 



As large a permanent right as possible for fishing, drying, and 

 curing within the admitted British limits, including access to the 

 shores, was sought to be retained by the United States, but there was 

 never any demand for a renunciation or any intention of renouncing 

 any right or liberty to fish in bodies of water not claimed as a part 

 of the exclusive British jurisdiction. 



I submit that if the " British limits," or the " limits of the British 

 sovereignty" or the "limits of the British jurisdiction," extended 

 3 marine miles from the shores, how could a bay, creek, or harbour 

 of His Britannic Majesty's dominions include waters more than 3 

 marine miles from the shores 2 



