ARGUMENT OF CHARLES B. WARREN. 1141 



fifty miles or more according to the manner of drawing or imagining 

 it, would be a most unreasonable and therefore unnatural supposi- 

 tion. I cannot think that it entered the minds of the British pleni- 

 potentiaries any more than ours." 



I further desire to refer the Tribunal to the letter from Mr. 

 Richard Rush to his executors, to be found on p. 547 of the Appendix 

 to the Case of the United States, and to read the following portion 

 of that letter from p. 548 : 



" For more than twenty years the Convention of 1818 was in full 

 operation in the sense in which, our Government understood the 

 article relating to the Fisheries. After this long acquiescence, Great 

 Britain applied a new and different rule for the operation of the 

 article. Whether sne nac ^ good grounds for this change in its con- 

 struction, is the essential inquiry. High names, in the Senate and 

 elsewhere, have so well defended our construction, that it might seem 

 unnecessaiy for me to bring before the public the views presented in 

 this letter to the Secretary of State, were they not derived from 

 facts intrinsic to the negotiation itself." 



I now pass to the position of the counsel for Great Britain, that 

 these bays covered by the renunciatory clause of the treaty are geo- 

 graphical bays, and that it is immaterial for this Tribunal to enquire 

 into their territoriality that is, into the question of whether or not 

 Great Britain had exclusive jurisdiction over the entire extent 

 merely because the words of the treaty itself are an assertion of 

 territoriality. This position will be taken I infer from the statement 

 made by the Attorney-General on Friday morning. 



I respectfully submit to the Tribunal a set of charts; and I wish, 

 Mr. President, that the Tribunal would take one of these charts, 

 while I make some statements regarding it, because it is difficult for 

 me to entirely illustrate my position without having one of the 

 charts before the Tribunal. Which chart has the Tribunal before it 

 now, Mr. President? 



THE PRESIDENT: Newfoundland and the adjacent coast of Labra- 

 dor. 



MR. WARREN : The non-treaty coast of Newfoundland ? 



DR. DRAGO: Newfoundland and Labrador? 

 688 THE PRESIDENT: Yes. 



MR. WARREN: Very well. These charts which have been 

 handed up to the Tribunal include all the non-treaty coasts; that is, 

 the various charts include all the non-treaty coasts. 



THE PRESIDENT: Yes. 



MR. WARREN : And therefore I made the inquiry as to which par- 

 ticular chart the Tribunal had before it, in order that I might con- 

 fine my remarks to that chart, rather than be talking about some other 

 chart. 



