ARGUMENT OF JOHN S. EWART. 1265 



Passing on to the second paragraph : 



"Our construction of the convention is that American fishermen 

 have a right to resort to any bay and take fish in it," 



If you go to the United States documents which they have pre- 

 sented to the Tribunal, you will find the same thing. On p. 76 of the 

 Case of the United States, at the foot of the page, the third line from 

 the bottom, you will find a reference to the right of American 

 fishermen 



"of fishing in any of the bays along the coast referred to provided 

 that such fishing was not carried on within three marine miles of the 

 shore." 



Going on to p. 77 of the Case of the United States, in the second 

 paragraph : 



" It is evident, therefore, that none of the seizures made during this 

 period had any bearing upon the question which afterwards arose as 

 to whether or not, in renouncing the liberty of fishing in bays under 

 the provisions of this treaty," &c. 



There it is, actually referring to the renunciatory clause, and they 

 use the word " bays " in the same sense as in the renunciation, and 

 in the same sense in which we use it. 



Further on. on that same page I shall not stop to read it, but 

 you will find the same thing at p. 77, and at p. 95 of the Case of the 

 United States. I have not pretended to gather together all of the 

 instances in which the word " bays " is so used ; but in the United 

 States Counter-Case, at p. 69, it is somewhat remarkable that they 

 should have used it as they do there, because in that paragraph they 

 are defining the contention of the United States. I have read the 

 first part, beginning " On the issue thus presented by Great Britain," 

 and so on. The paragraph proceeds to state the contention of the 

 United States, and the last two lines are what I refer to : 



" and consequently that the territorial waters of Great Britain did not 

 include any bays which were more than six marine miles in width." 



clearly indicating that there are " bays " more than 6 miles in width ; 

 and that the way to talk about those bodies of water is to speak 

 of them as bays. 



The United States Argument is more careful, and we find there 

 the expression that Mr. Warren used as substituted for the word 

 "bays," that is, "bodies of water," at pp. 142, 169, and 170; but 

 here, too, if Mr. Warren drafted this, he lapses, just as he did 

 in speaking, and at p. 122 and p. 174, the word " bays " is again used 

 in the sense in which, as we submit, it is used in the renunciation 

 clause. 



