ARGUMENT OF CHARLES B. WARREN. 1201 



called bays or not, and that the 3-mile line is to be drawn outward 

 from the renounced bodies of water as though the lines drawn from 

 shore to shore, from the point at which the two lines following the 

 sinuosities of the shore meet, were continuations of the shore line. 



I respectfully submit that it clearly appears from all the evidence 

 before the Tribunal that the Government of Great Britain aban- 

 doned at the time of the recognition of the Independence of the 

 United States of America all broad claims of extensive jurisdiction 

 in respect to the fisheries, as against the fishing- vessels of the United 

 States, over the waters adjacent to the coasts of the possessions of 

 Great Britain in North America;, and that it clearly appears from 

 the very provisions of the treaty of 1783 that American fishing- ves- 

 sels had the right to fish in all the waters, whether known as bays, 

 creeks, or harbours, of whatever extent, in the North Atlantic, on the 

 same terms and conditions as the subjects of Great Britain ; and that 

 from 1783 until the war of 1812, the British Government never as- 

 serted any exclusive jurisdiction over all bodies of water of whatever 

 dimensions adjacent to its coasts, against the fishing- vessels of the 

 United States, for such waters were subject to the joint use of the 

 fishermen of both countries, and there could be no assertion of ex- 

 clusive jurisdiction on the one hand, or acquiescence in such assertion 

 of jurisdiction on the other hand; and that after the war between 

 the United States and Great Britain in 1812, and prior to the treaty 

 of 1818, there was never any assertion of jurisdiction by the Govern- 

 ment of Great Britain over all bodies of water known by the name 

 of bays or called bays on any map, but that the complaint and the 

 only complaint was against the use of the shores and against the 

 fishing-vessels of the United States resorting to the waters, by what- 

 ever name designated, immediately adjacent to the shores of the 

 British possessions, and lying within 3 marine miles from such shores. 

 When bays were referred to, bays within the limit of 3 marine miles 



from shore were intended. 

 724 Counsel for the United States understands the rule of law 



to have been in 1818: That no nation had jurisdiction over 

 any bay, gulf, or other arm of the sea extending into its territory 

 exceeding twice the range of cannon-shot, which, between the United 

 States and Great Britain, was identified with 3 marine miles, except 

 by force of an affirmative international assertion by that nation of 

 jurisdiction over any particular body of water based upon the ex- 

 istence and averment of facts constituting good reasons for allow- 

 ing the claim in that particular case; such, for example, as the re- 

 lation between the extent of the penetration of the water inland 

 and its width, the degree of usefulness for municipal purposes, the 

 necessity of exclusive use as a means of defence to the vital interests 



