1192 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



notice to the United States that this was not the view of the Gov- 

 ernment of Great Britain and of the provinces as to the extent of 

 territorial waters. 



In 1870, as I have stated, the system of licensing was abolished, and 

 it became necessary for the Foreign Office to pass upon this ques- 

 tion, and if the evidence is examined, as found in the Appendix to 

 the Case of the United States, p. 609, it will be discovered that Lord 

 Granville instructed Sir John Young, then Governor-General of 

 the new Dominion of Canada, that in no event should any orders 

 be put in force other than to seize American vessels when fishing 

 within 3 miles of land, or within bodies of water not greater in 

 extent than 6 miles across. 



I am not unmindful of the fact that these last orders were trans- 

 mitted to the Government of the United States, and that a state- 

 ment was made that these orders must not be regarded as an arrange- 

 ment between the two Governments, but nevertheless, it stands as an 

 undisputed fact, that when the Government of Great Britain, which 

 had decided in 1866 that only bodies of water 10 marine miles in 

 extent were territorial waters, within the meaning of the treaty of 

 1818, was actually called upon to enforce its orders against the 

 fishing-vessels of the United States, those orders were, that they 

 should only be seized when fishing within 3 miles of land, or within 

 a body of water 6 miles or less in width. 



THE PRESIDENT: Owing to the unusually late hour would you 

 rather wait and conclude to-morrow? 



MR. WARREN : If entirely agreeable to the Tribunal, I prefer to 

 conclude to-day. 



THE PRESIDENT: Then please to continue, Sir. 



MR. WARREN (resuming) : The orders to which I have last re- 

 ferred as being actually put into operation, are found on p. 613 of 

 the Appendix to the Case of the United States, and read as fol- 

 lows : 



" In such capacity, your jurisdiction must be strictly confined 

 within the limit of ' three marine miles of any of the coasts, bays, 

 creeks or harbors ' of Canada, with respect to any action you may 

 take against American fishing vessels and United States citizens 

 engaged in fishing. Where any of the bays, creeks or harbours shall 

 not exceed six geographical miles in width, you will consider that 

 the line of demarcation extends from headland to headland, either 

 at the entrance to such bay, creek or harbour, or from and between 

 given points on both sides thereof, at any place nearest the mouth 

 where the shores are less than six miles apart; and may exclude 

 foreign fishermen and fishing vessels therefrom, or seize if found 

 within three marine miles of the coast." 



Again I beg to say, I do not overlook, that when a copy of those 

 orders was, at the request of Secretary Fish, transmitted to the State 



