1246 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Majesty's Dominions in America '; and as to them the plenipoten- 

 tiaries provided a simple rule of thumb for the guidance of American 

 fishing vessels." 



We really get away from territoriality, and, as Mr. Warren said, 

 you get out into non-territorial water by this rule of thumb, and 

 get away from the idea of strict construction of the treaty. 



JUDGE GRAY: I suppose, Mr. Ewart, and you will pardon me for 

 trying to follow you, the so-called " fishermen " theory was that they 

 might fish anywhere within 3 miles of the shore? 



MR. EWART: Yes. 



JUDGE GRAY. On the open coast, or following into a bay, pro- 

 vided they fished outside of a line 3 miles from the shore of the bay ? 



MR. EWART: Yes. 



JUDGE GRAY: But when you came to a bay that was only 6 miles 

 at its mouth between headlands, even if that bay afterwards widened 

 out into an extended water that was say 10 miles wide, which 

 would admit of a fisherman plying his calling without going within 

 3 miles of the shore of the bay, yet to get there he would have to 

 pass through a space of water that was 3 miles from one shore or 



the other, and, therefore, within territorial waters ? 

 751 MR. EWART: Yes. 



JUDGE GRAY: Now does not the one theory just supplant the 

 other? 



MR. P^WART: If the question of the honourable Arbitrator is as to 

 what the fishermen understood. 



JUDGE GRAY: Did they understand that where there was a bay 6 

 miles at its entrance, at the mouth, and that it widened out to 10 miles 

 inside, that they might sail through the territorial water at the mouth, 

 in order to get into the bay where they might fish 3 miles from shore ? 



MR. EWART: Really, Sir, I do not know what the fishermen thought. 



JUDGE GRAY : I wanted to know what you thought about the " fish- 

 ermen " theory. 



MR. EWART: I am only giving the " fishermen " theory from what 

 they said, and they did not enlighten us upon that point. What 

 they said was, that they could not fish anywhere less than 3 miles from 

 the shore. If you apply that construction strictly, which I would not 

 be inclined to do, of course it would apply to the case which the 

 honourable Arbitrator has put ; but I do not know what they would 

 have thought of it, I am sure. 



Now, Mr. Warren has been impressed with the great difficulty 

 of the territorial theory as put forward in the Argument, and this 

 difficulty of the triangle, and of giving up the triangle when we were 

 not entitled to it, and, particularly, as to the difficulty of the triangle 

 from a fisherman's point of view. And he attributes to the negotia- 

 tors a desire to rid the fishermen of the difficulty. He suggests that 



