AEGUMENT OF CHARLES B. WARREN. 1137 



of the United States would be excluded from all that water lying 

 within 3 miles of the sinuosities of the shores. I will digress to make 

 this statement. If projecting from a large bay there is found a body 

 of water 6 miles or less in width, that bay would be, under the renun- 

 ciatory clause, the territorial waters of Great Britain. 



I am not going into those details. These Commissioners did not 

 in all probability have those details under discussion or consideration 

 at the time the treaty was framed. But there is nothing in my argu- 

 ment which makes this proposition illogical. 



Going back to the illustration that I was about to make. If 

 685 a fishing-vessel of the United States were in a body of water 

 which at no place sank to a width of 6 miles or less, and under 

 necessity were compelled to seek shelter or repairs, and could find a 

 small harbour within that bay or that body of water, of course, under 

 the very words of the proviso clause, the vessel has a right to resort to 

 the harbour, and the vessel has the right to invade the territorial 

 waters of Great Britain which lie within 3 miles of the land along 

 that bay for the purpose of reaching that harbour. 



The same principle would apply that would apply in the case of 

 a grant by a private individual of a right to take water from a lake 

 entirely surrounded by the land of the grantor. It is presumed, and 

 it necessarily follows and emerges as an irresistible conclusion of 

 law, that the grantee has the right to cross the grantor's land to 

 reach the lake. So, under this treaty, these fish ing- vessels of the 

 United States have a perfect right to invade the 3-mile belt to find a 

 harbour lying within any such large bay. If there were no harbour 

 there, then, of course, a fishing-vessel would not desire to go there. 



JUDGE GRAY: I am very much interested in what you are saying, 

 Mr. Warren, and I wish you would illustrate with some other bay 

 than the Bay of Fundy, which has, in a measure, been excluded from 

 our consideration in this arbitration. I think this point is impor- 

 tant, and I am interested in what you are saying. Take, for illus- 

 tration, Placentia Bay or Conception Bay, or one of those other bays. 



MR. WARREN : I will, however, take for illustration St. George's 

 Bay, which is on the treaty coast of Newfoundland. 



THE PRESIDENT: Why not take one on the non- treaty coast, as we 

 are concerned with the non-treaty coast? Why not take Placentia 

 or Conception Bay, for instance? 



MR. WARREN : The Court would prefer me to take Placentia Bay 

 for purposes of illustration? 



THE PRESIDENT : Yes, perhaps ; one on the non-treaty coast. 



MR. WARREN: Placentia Bay is on the non- treaty coast? 



THE PRESIDENT : Yes. 



MR. WARREN : Because the non-treaty coast ends at Rameau 

 Islands on Newfoundland. 



