ARGUMENT OF CHARLES B. WARREN. 1117 



These bays, within the 3-mile limit, were closed bays and the line 

 to which I referred, upon the first day of my submission of this 

 Question, drawn from the point, where the lines following the sinu- 

 osities of the shore meet, to the opposite shores, closed bays of that 

 nature against the fishing- vessels of the United States, and the phrase 

 agreed upon in the treaty " on or within 3 marine miles of any of the 

 coasts, bays, creeks, or harbours," foreclosed the fishing-vessels of 

 the United States from entering the small triangular-shaped bodies 

 of water, which have been already sufficiently described. 



At the outset of the presentation of this Question 5 the statement 

 was made that the Tribunal must determine the coasts referred to, 

 and the true interpretation of the phrase "on or within 3 marine 

 miles of any of the bays, creeks, or harbours of His Britannic Majes- 

 ty's Dominions in America," when used in connection with the pro- 

 vision "within 3 marine miles of any of the coasts." 



I shall take time to refer to but one of the historical uses of this 

 word "coasts"; and I refer to the treaty between Great Britain, 

 France, and Spain of 1763, which appears on p. 52 of the Appendix 

 to the Case of the United States : 



"The subjects of France shall have the liberty of Fishing and 

 Drying, on a part of the coasts of the Island of Newfoundland, such 

 as it is specified in Article XIII of the Treaty of Utrecht; which 

 Article is renewed and confirmed by the present Treaty, (except what 

 relates to the Island of Cape Breton, as well as to the other Islands 

 and coasts in the mouth and in the Gulph of St. Lawrence) ." 



673 The " coasts " here plainly comprehend the sinuosities of 

 the shore of that portion of Newfoundland referred to, and 

 this was the construction adopted in practice between the two na- 

 tions. The word " coasts," when used the second tune, clearly in- 

 eluded the curving shore line of the Gulf of St. Lawrence. 



The word " coast " meant, according to the lexicographers of the 

 period, "the edge of the land next to the sea" the shore; and the 

 word " shore " signified the " coast of the sea." 



The history of the negotiations, I feel I am justified in saying, has 

 shown that the interdicted waters lay within 3 marine miles of the 

 shores and necessarily comprehended only bays, creeks, or harbours 

 lying within the " maritime limits " and within " the exclusive Brit- 

 ish jurisdiction." 



When, therefore, the American Plenipotentiaries drafted this re- 

 nunciatory clause, and, subsequently, when the Plenipotentiaries of 

 both Powers agreed upon its terms, they provided that the inhabit- 

 ants of the United States should renounce any liberty previously en- 

 joyed of taking, drying, and curing fish on or within 3 marine miles 

 of any or all the coasts, except the sections of coast which previously 

 had been specifically designated in the treaty. 



