1142 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The charts submitted to the Tribunal bear legends as follows: 



No. 525, issued by the Bureau of Equipment, Navy Department, 

 United States of America : Chart of the southern part of the Bay of 

 Fundy, from British and United States surveys. 



No. 524, issued by the Bureau of Equipment, Navy Department, 

 United States of America : Sheet I. Chart of S.E. coast of Nova 

 Scotia, from Cape Sable to Sambro Island; from the most recent 

 British surveys. 



No. 525, issued by the Bureau of Equipment, Navy Department, 

 United States of America: Chart of S.E. coast of Nova Scotia; 

 Sheet II; from Sambro Island to Cape Canso; from the most recent 

 British surveys. 



No. 1110, issued by the Bureau of Equipment, Navy Department, 

 United States of America : Chart of Gulf of St. Lawrence from Anti- 

 cost i Island to Point de Monts; compiled from latest information. 



No. 1013, issued by Bureau of Equipment, Navy Department, 

 United States of America: Chart of the Gulf of St. Lawrence; com- 

 piled from the latest information. 



Xo. 2440, issued by the Bureau of Equipment, Navy Department, 

 United States of America : Chart of Newfoundland and the adjacent 

 coast of Labrador ; from the latest British and French surveys. 



MR. WARREN : Before I proceed to take up the charts which are now 

 before the Tribunal, I desire to state the position of the United States 

 in regard to this matter. 



My submission is that, if the "bays of His Britannic Majesty's 

 Dominions in America" in 1818 were not confined to those bays 

 lying within the agreed maritime limits, that is, landward of the 

 3-mile line, and therefore to those 6 marine miles or less in width, 

 there is no evidence whatever from which this Tribunal can establish 

 the outside limits of any of these bodies of water. 



It is not shown in the evidence that any understanding existed in 

 the minds of the negotiators, in the public mind, or in the minds of 

 local fishermen or navigators as to their outside limits. Is it to be 

 inferred that the outside limits would be from time to time deter- 

 mined by the local authorities, as occasion required? The Case sub- 

 mitted in behalf of Great Britain does not suggest any outer lines to 

 be used as the basis of measurement, and I submit it will not do to 

 determine that the distance of 3 marine miles should be measured 

 from the outer limits of bodies of water, without its having: first 



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been determined where the outer limits were agreed to be in 1818. 



It seems apparent that if the only definite rule, that is, that a bay 

 of His Britannic Majesty's Dominions in America was such a bay as 

 lay landward of the 3-marine-mile line drawn following the sinuosi- 

 ties of the shore, is disregarded, there is no fixed line for measure- 

 ment, for there was and is no other agreement as to what constituted 



