2174 NORTH ATLANTIC COAST FISHERIES ARRITRATTON. 



That, you will see, is the same phrase that is used in the letter by 

 Lord Bathurst. Of course, in this letter. Lord Kimberlev is using 



/ 



the expression " limits of three marine milt's of the coast "' in the 

 same sense as " three marine miles of the shore." The memorandum, 

 sent by the Foreign Office to the Governor-General of Canada, which 

 appears at p. 629 of the American Appendix, in the third paragraph, 

 says: 



" The right of Great Britain to exclude American fishermen from 

 waters within three miles of the coast is unambiguous, and it is be- 

 lieved, uncontested." 



They use the same expression as the letter from Lord Bathuivt to 

 Mr. Baker, and they use the expression " within three miles of the 

 coast " as the equivalent of u within three miles of the shore." The 

 further development of the subject in the memorandum leaves no 

 doubt whatever of that. 



Now, will you go back to the treaty of 1818 and read the renun- 

 ciation clause in the light of this letter of Lord Bathurst to Mr. 

 Baker : 



1314 " The United States hereby renounce, forever, any liberty 

 heretofore enjoyed or claimed by the inhabitants thereof to 

 take, dry, or cure fish on or within three marine miles of any of the 

 coasts, bays, creeks, or harbours of His Britannic Majesty's domin- 

 ions in America." 



and apply to that the declaration of the letter to Mr. Baker that bays, 

 creeks, and harbours are bays, creeks, and harbours within 3 marine 

 miles of the coast, are within the jurisdiction of the maritime league 

 from the coasts, and are not without the jurisdiction of the maritime 

 league from the coasts? If we had had that authoritative clause in 

 the language of the renunciation clause, would there have been any 

 question to discuss here? Is there any room left, with this letter, 

 which my honourable friends have proved here within a few days 

 was read to the President of the United States by Mr. Baker, for tlio 

 contention that the negotiators of the treaty of 1818 considered, or 

 for a moment supposed, that the maritime jurisdiction of Great 

 Britain, from which they proposed to exclude American fishermen, 

 extended beyond 3 marine miles from the coast; or is there any room 

 left for the supposition that in the renunciation, which applied only 

 to matters in controversy and only to the waters within the maritime 

 jurisdiction of Great Britain, the word "bays" meant anything 

 except the bays that were within that maritime jurisdiction and were 

 a part of the subject-matter of controversy '. 



THE PRESIDENT: In this supposition, have the words '* bay-, creeks, 

 and harbours" any distinct meaning, or are they superfluous? 



SENATOR ROOT: They have the same meaning that they had in the 

 treaty. 



