ARGUMENT OF JOHN S. EWABT. 1249 



at that moment does not refer to the triangle which Mr. Warren sub- 

 mitted afterwards to us. 



MR. EWART: The triangle that Mr. Warren draws, I understand 

 him to say, and I think I understand him correctly, is more than 3 

 miles from the shore. 



THE PRESIDENT: Yes, certainly from the shore. I would think 

 that the spaces in this triangle are not at greater distance from the 

 bay than 3 miles if you consider the apex still as a point of the bay. 



MR. EWART: No, Sir, it would all be within 3 miles from the bay, 

 but more than 3 miles from the shore. 



THE PRESIDENT : More than 3 miles from the shore, of course. 



MR. EWART: I continue to quote from Mr. Warren, commencing 

 where I left off at the top of p. 3653 [p. 606] : 



" THE PRESIDENT : But, according to the words of the renunciatory 

 clause of the treaty, would American fishermen be excluded from 

 fishing in this triangle ? " 



That is non-territorial water, according to Mr. Warren. 

 " MR. WARREN : Yes, Mr. President. 



753 " THE PRESIDENT : I ask only for information. Do you not 

 make too great a concession to Great Britain in doing so? 



" MR. WARREN : We made it. 



" THE PRESIDENT : A concession beyond the words of the treaty ? 



" MR. WARREN : No, we did not make a concession beyond the words 

 of the treaty. We made a concession by the words of the treaty, 

 because the treaty says that they should not be allowed to take, dry 

 or cure fish on or within three marine miles of any of the coasts, bays, 

 harbours or creeks of His Britannic Majesty's dominions." 



Now, the trangle is got rid of, but it seems to me that Mr. Warren 

 has to encounter a still greater difficulty than if he had adhered to 

 the position assumed at Halifax and in the United States Argument. 

 Mr. Warren's contention is that whenever, coming from opposite 

 directions, the coast narrows down to 6 miles, you draw a line across 

 the water at that point and measure the 3 miles from it. But Mr. 

 Warren must make a distinction. Supposing that these coast lines 

 are coming from opposite directions, not into a bay, but are coming 

 into something of a curvature, more or less shallow, of the shore, 

 and that they come to a place where is is only 6 miles across. In such 

 a case Mr. Warren would not draw a line across the curvature, because 

 he would say that it is not a bay. When you go down into a bay, 

 however and he spoke of it in that way you do draw the line across 

 at the specified point. So that, in order to find whether you are to 

 draw the line across, you must first find out whether you are in a 

 bay or not. But if you know that it is a bay, there is -an end to 

 the enquiry, as far as the Tribunal is concerned because the ques- 

 tion is: What is a bay? How is Mr. Warren to decide what is a 

 bay? He looks at the map, finds a bay. and says: "You go down 



