1132 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



from the shore, a right which could not exclusively belong to, or be 

 granted by, any nation." 



The use of the phrase " applies only to the coasts and their har- 

 bours," seems most significant. The " coasts and their harbours " 

 were to be excepted from the rights of the American fishermen, but 

 beyond 3 miles from the coasts and their harbors, the fishermen of the 

 United States would not be excluded, because rights in such waters, 

 in accordance with this report, could not exclusively belong to any 

 nation. 



JUDGE GRAY : Was not that language used in reference to Hudson 

 Bay? 



MR. WARREN : Most assuredly, your Honour, but it shows that the 

 American Commissioners put the rights of nations in Hudson Bay 

 on the same basis that they put the rights of nations in any other 

 bay, because there was no essential difference between the law appli- 

 cable to Hudson Bay and to any other bay. The treaty stated that 

 the rights of the Hudson's Bay Company were not to be prejudiced, 

 and with that exception there was no difference between Hudson 

 Bay and any other bay. Hudson Bay was not one of the bays re- 

 ferred to in this treaty, and this Tribunal is, of course, not concerned 

 with Hudson Bay, but the Hudson Bay was used by the 

 682 Commissioners of the United States when stating their idea 

 of the principle which governed in the negotiation. 



They say that coasts and their harbours only, in Hudson Bay, 

 could be excluded from the common right of fishing, because, by the 

 law of nations, the right beyond 3 miles from the shore could not 

 exclusively belong to, or be granted by, any nation. The Commis- 

 sioners for the United States referred to a principle and not to a par- 

 ticular body of water. 



I pass now to one other paragraph of this report, which is on p. 

 307 of the United States Case Appendix : 



" This last point was the more important, as, with the exception 

 of the fishery in open boats within certain harbors, it appeared, from 

 the communications above-mentioned, that the fishing-ground, on the 

 whole coast of Nova Scotia, is more than three miles from the shores ; 

 whilst, on the contrary, it is almost universally close to the shore on 

 the coasts of Labrador." 



The Commissioners there stated that the fishing-ground on the 

 whole coast of Nova Scotia is more than 3 miles from the shores. 



This, I maintain and submit, if the Tribunal please, clearly estab- 

 lishes that the Commissioners for the United States believed that the 

 term " of any of the coasts " applied to all the coasts and included 

 all of the coast of Nova Scotia, almost half of which lies within 

 what is designated by the counsel for Great Britain as a geographical 

 bay; and shows that when these Commissioners reported to their 



