ARGUMENT OP JOHN S. EWABT. 1245 



tion ' ; and therefore the three mile line was to be drawn seaward from 

 such waters as though the shore-line continued across their entrances." 

 Then at p. 148 at the top of the page : 



" The bays within the three-mile limit are bays of ' His Britannic 

 Majesty's Dominions,' and the line drawn across the entrances to 

 such bays is for the purposes of measurement considered as the 

 shore line." 



Then at p. 198, at the foot of the page, last paragraph : 



" The United States contends that the intention of the negotiators, 

 the remedy sought, the practical difficulties to be overcome, and the 

 words of the Treaty, all lead to the conclusion that a ' bay of His 

 Britannic Majesty's Dominions in America ' was a bay lying within 

 the three-mile line, following the sinuosities of all the non-treaty 

 coasts ; and that the three-mile distance was to be measured seaward 

 from such bays as though the lines drawn from the opposite shores 

 across their entrances were continuations of the shore-line." 



Now, Sirs, Mr. Warren takes a perfectly new view. 



SIR CHARLES FITZPATRICK: Before you leave this, would you tell 

 me, if it is not inconvenient for you to do it now, what is the practical 

 difference in effect between the application of what you call the 

 " fishermen " theory and the " territorial " theory ? In the result 

 what would be the practical difference of the application of these 

 two theories? 



MR. EWART: The difference would be very great if a territorial 

 bay is a large bay. The difference would not be so great if the terri- 

 torial bay is only a 6-mile bay. But, as the question is, what is the 

 difference between the " fishermen " theory, and the " territorial," I 

 must say the difference varies with one's view of what " terri- 

 torial " is. 



SIR CHARLES FITZPATRICK : If you limit territoriality to the 6-mile 

 bay? 



MR. EWART: It is not very great. I think it is greater than Mr. 

 Warren shows upon his diagram except in the particular kind of a 

 bay that Mr. Warren supposes, and if one supposes another kind 

 of a bay one will find a greater difference; but, after all, the difference 

 in water-area is not so very great. It is the difference, however, be- 

 tween carrying out a " principle " and applying a mere rule of thumb 

 that the negotiators are supposed to have had in view, and which the 

 United States now asks the Tribunal to dignify as a declaration of 

 the meaning of this treaty. 



I am not using that " rule of thumb " in a contemptuous way at all. 

 I am merely quoting from the United States Argument at p. 146, 

 near the foot of the page. - *,.,- 



" Such bays, creeks, or harbors, necessarily lying landward of the 

 three-mile line, were ' bays, creeks, or harbors of his Britannic 



