ARGUMENT OF JOHN S. EWAET. 1255 



The word " dominion " is an old-time word. I believe it was ap- 

 plied to Virginia which is still called in an affectionate way the Old 

 Dominion, because it was so described in its original charter. Wales 

 was at one time called the Dominion of Wales, as may be seen in the 

 papers before the Tribunal in the statute of 1699. And in the 

 King's title, at the present day, the over-seas part of the Empire are 

 spoken of as the " Dominions beyond the Seas," which means the 

 possessions over the seas. With that observation, Sirs, I pass from 

 that argument. 



Then I come to one that bulked very largely in Mr. Warren's argu- 

 ment : That the negotiators understood that they were dealing with 

 waters "within the maritime jurisdiction of Great Britain," "within 

 British sovereignty," and so on. I had made a collection of excerpts 

 for the purpose of proving that to be true, but my list is not nearly 

 so long or so full as Mr. Warren's, and I therefore do not trouble the 

 Tribunal with it. If, however, there is any way in which I can em- 

 phasise what he said, I should like to do so. It seems to me impor- 

 tant. It seems to me, Sirs, that when the negotiators went to nego- 

 tiate about this treaty, even if they had had no instructions at all, 

 they would have known that they were going to deal with waters 

 within British sovereignty. The Americans would not imagine that 

 they were going to ask for waters not in British sovereignty; nor 

 would the British imagine that the Americans were going to renounce 

 parts of the high seas although according to Mr. Warren that is 

 what they actually did in this transaction. For myself, I do not 

 think the negotiators intended that, and I do not think that that is 

 what they did. 



Now, Sirs, having this prominently in mind, the American nego- 

 tiators sat down to draft a treaty for the purpose of carrying out 

 their idea, and what did they say? They had clearly in mind that 

 they were going to distinguish between territorial and non-territorial 

 waters; and how did they do it? Well, Sirs, they said: Three miles 

 from the coasts and 3 miles from the bays. If they had not had the 

 idea of territoriality in their minds, I do not know what they might 

 have said, but they were there for the purpose of fixing the limit of 

 territoriality and they did it. Let me remind the Tribunal of what 

 Mr. Adams said with reference to the report of the Commissioners 

 from Ghent in 1814. The Tribunal will remember that there the 

 British Plenipotentiaries notified the Americans that they would not, 

 without consideration, renew the liberties of 1783 the liberties 

 within the British sovereignty but that the British Commissioners 

 had been careful not to say to what extent they believed British sov- 

 ereignty extended, and that Mr. Adams was filled with apprehension 

 as to the extent of the claims of the British Government. When, 

 therefore, the United States Commissioners in 1818 negotiated as to 

 the limits that they were to renounce, they were careful to declare 



