1138 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



If a fishing-vessel were in Placentia Bay, under its rights given it 

 by virtue of its being an American vessel, it would have the right 

 to fish at any place outside a line 3 miles from shore, following its 

 sinuosities. When the bay at any place sinks to a width of 6 miles 

 or less, the waters inside of the line which is formed by the meeting 

 of the two lines following the sinuosities of the shore, coming from 

 opposite directions, become territorial waters of Great Britain; be- 

 cause they are necessarily within the 3-mile limit. 



JUDGE GRAY: It is a territorial bay within a geographical bay? 



MR. WARREN : Yes, your Honour. 



Now, if the vessel were fishing in that part of Placentia Bay which 

 is a part of the high sea, that is, outside of the 3-mile limit, and out- 

 side of any admitted territorial waters, and desired to seek a harbour 

 under the proviso clause of this treaty of 1818, what would be its 

 rights? That is the question, I understand, that I am asked to 

 illustrate. 



Its rights would be these: By virtue of the proviso clause of the 

 treaty, it has the right to enter " bays or harbours." If there is a 

 harbour, therefore, lying within that bay, to reach which the vessel 

 must sail through the 3-mile belt from which it is excluded from 

 fishing by the terms of the treaty, it certainly has the right to pass 

 through that 3-mile belt to find that harbour, because it was provided 

 in the treaty that American fishermen could resort to harbours for 

 shelter. 



JUDGE GRAY : I wish to see if I am sure that I understand the line 

 of your argument, in which I am very much interested. You referred 

 to the language of the letter from the British Commissioners to 

 686 Viscount Castlereagh in regard to the treaty coasts, and to the 

 grant of a right " to participate in the fisheries within the Brit- 

 ish jurisdiction "; and I understood your argument to be that as in the 

 grant of a right of fishery they could only grant what it was in their 

 power to give, and that is a right in territorial waters, so when you 

 come to the excluding clause, or the renunciatory clause, we must 

 understand that the United States renounced, for her fishermen, the 

 right to enter bays of like kind that is, territorial bays? 



MR. WARREN : Exactly, your Honour. 



JUDGE GRAY: That the one balanced the other? 



MR. WARREN: Exactly, your Honour. 



JUDGE GRAY : And that while they were permitted to enter the ter- 

 ritorial bays on the treaty coasts for fishing, they were excluded from 

 territorial bays on the non-treaty coasts? 



MR. WARREN: Exactly, your Honour. 



JUDGE GRAY: That is what I understood to be the connection be- 

 tween the two that you were seeking to make. 



SIR CHARLES FITZPATRICK : I understood that the words used were 

 " territorial waters " not " bays." 



