1326 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



All these four questions are devoted to the question of jurisdiction. 

 The fifth raised the other question, whether, apart from jurisdiction 

 altogether, the United States had not some property in the seals, 

 which gave the United States the right to follow them into the ocean 

 and to protect them from destruction there. 



" 5. Has the United States any right, and if so, what right of pro- 

 tection or property in the fur seals frequenting the islands of the 

 United States in Bering Sea when such seals are found outside the 

 ordinary three-mile limit ? " 



It seems to be very difficult for the United States to contend that 

 there was any international agreement as to unindented coasts prior 

 to 1783. I merely mention 1783 for the purpose of summarising all 

 the facts and putting them together. 



Between 1783 and 1818, let me remind the Tribunal, in 1793, in the 

 Delaware Bay case, the Attorney General of the United States 

 claimed more than 3 miles. 



In the same year President Jefferson discussed the matter and left 

 it unsettled. 



In 1805 the President suggested that it might go out to the Gulf 

 Stream. 



And in 1806 negotiations were undertaken expressly because 

 800 there was no agreement upon the subject They were trying 

 to come to an agreement. If there had been anything in inter- 

 national law which fixed the limit of jurisdiction upon unindented 

 coasts it would not have been necessary to have discussed it in 1806. 

 But there was a discussion and a disagreement. It was afterwards 

 fixed at 5 miles from the coast because the coast of North America 

 might be entitled to be regarded as an exception from the general 

 rule. Why it was an exception from the general rule, however, was 

 not stated, but it is North America that we are discussing. In 

 1814- 



JUDGE GRAY : What general rule are you referring to ? 



MR. EWART : The general rule as to 3 miles from the coast. 



JUDGE GRAY : You say that it was the general rule at that time ? 



MR. EWART : No, Sir, not at that time. That is quite outside of the 

 line of what I am presenting to the Tribunal. I am speaking of the 

 general rule now. 



THE PRESIDENT: On p. 23 of the British Case Appendix, there ap- 

 peari article 25 of the Jay Treaty, and in that article there are men- 

 tioned, besides " coast," " bays, ports, or rivers of their territories." 

 It says that 



" Neither of the said parties shall permit the ships or goods be- 

 longing to the subjects or citizens of the other to be taken within 

 cannon shot of the coast, nor in any of the bays, ports, or rivers of 

 their territories, by ships of war " 



