ARGUMENT OP CHARLES B. WARREN. 1119 



from the drawing that the water within the angles would be of no 

 practical benefit for fishing purposes. 



With the line 4 miles in length between the opposite shores, an 

 examination of the drawing submitted will disclose that there is but 

 .96 of a square sea mile of area involved in the average case ; and no 

 drawing is necessary to show that in the case of a body of water but 

 3 miles wide there would be no difference in the two methods of 

 measurement. 



I have stated that these mathematical calculations, the results of 

 which are on these drawings submitted, show the average area of 

 water in these triangular-shaped bodies of water. Of course actu- 

 ally the side lines of the triangle following the sinuosities of the shore 

 vary the area in every case. Projections in the coast would 

 674 lessen the area of the triangle and indentations in the coast 

 would increase the area, but the average area would be as 

 shown on these drawings. 



The drawings are merely for the purpose of showing the area 

 involved in the surrender by the Commissioners of the United States 

 and for the purpose of showing that the extent of water was and is 

 of no practical importance. The difference between measuring 3 

 miles from the shore and 3 miles from a bay lying landward of the 

 3-mile line was so insignificant as to be of no importance whatever. 



In the opening Argument for Great Britain, at p. 3, the distin- 

 guished counsel said : 



" The question which the Court has to deal with is, in our view, 

 mainly almost entirely a question of the construction of the lan- 

 guage of the treaty. The language of the treaty must of course be 

 read by the light of all the circumstances as they existed at the time 

 when it was entered into, and the history of that time, is, for that 

 purpose, very material." 



THE PRESIDENT: Shall we adjourn now and continue on Monday? 



MR. WARREN: If agreeable to the Tribunal, it would be quite 

 agreeable to me to discontinue at this point for the day. 



THE PRESIDENT: Yes, we will stop now, and the Court will adjourn 

 until Monday. 



SIR CHARLES FITZPATRICK : Before we separate, I understood you, 

 Mr. Warren, to say that there had been no assertion of jurisdiction 

 during the period intervening between 1812 and 1818 beyond those 

 cases in which Judge Wallace had declared that there had been no 

 violation of the territorial jurisdiction of Great Britain. I want to 

 draw your attention, at p. 308 of the Appendix to the Case of the 

 United States, to the concluding paragraph of a letter in which Mr. 

 Bush refers to some further captures and threatened condemnations. 

 You might perhaps, on Monday, give us the details of these captures. 

 92909 S. Doc. 870, 61-3, vol 10 15 



