1244 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



the sense that we were meeting the United States contention of ter- 

 ritoriality which had been set up at Halifax, and in the Senate 

 report. We thought that was to be adhered to, and in our Case we 

 had attacked it. But the United States Counter-Case suggested that 

 it was we who had advanced it, and they took issue with us upon it 

 a most peculiar way of turning round the issue. 



At pp. 68 and 69 of the United States Counter-Case the Tribunal 

 will see stated at length what I mean. I will read only a few words 

 under the heading: 



" The Reply of the United States. 



" On the issue thus presented by Great Britain, the United States 

 maintains, as it has maintained ever since the question was raised 

 under the headland theory, that, at the time this treaty was entered 

 into, none of the waters on the non-treaty coasts more than three miles 

 from shore were regarded as territorial waters of Great Britain," and 

 so on. 



" On the issue thus presented by Great Britain." It seemed as 

 though if we had not said anything about territoriality, if we had 

 only known they were going to rely upon this " fishermen " idea, and 

 confined ourselves to that, we would not have heard anything about 

 territoriality at all. It is because we raised it, the United States 

 say, that they now take it up. Having taken it up they rather liked 

 it, and in their Argument they put it forward as really the thing 

 we had to talk about and fight over. 



And, I call attention to the fact that in every place in their Argu- 

 ment, where they define their position, it is always that a line is to be 

 drawn across the " entrance " of the bay ; never, as Mr. Warren has 

 it, down at the foot of the bay, or down at several places at the foot 

 of the bay. I refer to p. 145 of the United States Argument, in the 

 middle of the page: 



"A bay, creek, or harbor of His Britannic Majesty's dominions in 

 America was, therefore, well understood to be a body of water not 

 over six marine miles in width at its entrance." 



Then again at p. 146, United States Argument, a little below the 

 middle of the page : 



"The word 'coasts' comprehended the coast line of all the great 

 bays; and, of course, the three miles could not be measured from the 

 inner coast line of bays, creeks, or harbors six marine miles or less in 

 width, for the three-mile line drawn across their entrances from the 

 opposite shores closed such bays, irrespective of their inner extent." 



Then at the foot of that same p. 146 : 



"A line following the sinuosities of the coasts at a distance of three 



marine miles seaward would not enter bays, creeks, or harbors 



750 six marine miles or less in width at their entrances that is, 



bays, creeks, or harbors 'within the exclusive British jurisdic- 



