2236 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



mile line is to be drawn from the unindented shore, and from a line 

 from one headland to another. So that when you conic to draw your 

 5-mile line you draw it all round the coast, 5 miles from the shore, 

 where the shore is straight, and 5 miles from the line between head- 

 lands where the shore is curved. So that here is a proposal and I 

 cannot sufficiently express my obligation to the learned Senator for 

 drawing attention to it here is a proposal by the Americans at the 

 very time we are making this treaty, in the very same projet, in 

 which we have this fishery article, and according to that proposal 

 every chamber formed by headlands in either country is treated as 

 being within the exclusive jurisdiction of that country; and as the 

 coast does not consist entirely of such chambers, but as part of it is 

 open, they go on to say. not only shall you have these chambers, but 

 you shall have 5 miles on the seaward side of them as well as 5 miles 

 from the coast where it is not curved. 



Now, that is parallel in principle to the fishery article. This par- 

 allel between the two articles one relating to belligerency, and the 

 other relating to fishing is one on which I desire to lay stress. 



In the fishery article we have the renunciation. The United States 

 renounce any liberty claimed by the inhabitants to dry or cure fish 

 now mark, " within 3 miles of any of the coasts, and within 3 miles 

 of any of the bays," so that there they do exactly in the fishery 

 article what is done in the belligerency article, though the provir-ion 

 is limited to bays only, and does not extend to all coastal curvatures. 

 They enclose all the bays within an imaginary line, all of them, and 

 then when they have done- that the United States say to Groat 

 Britain, " Now that belongs to you, that is in your jurisdiction, and 

 we are going to keep yet further away; we are going to keep our- 

 selves 3 miles beyond that line." They thus do in the fishery article 

 that which they themselves proposed in the belligerency article. 

 They lock up all the bays, and then give Great Britain a maritime 

 jurisdiction beyond them. That is the way in which the words 

 "maritime jurisdiction" are used in the preceding negotiations. 

 " Maritime jurisdiction " is not used really with reference to the 

 " bays " at all. The " bays " are treated as territorial. They are 

 treated as being sea water located within the body of a country: and 



though that expression may occasionally be used in a general 

 1353 sense so as to comprise bays, it does not seem to be applied to 



them specifically. They use the expression "maritime juris- 

 diction " in relation to the coastal belt whether, as in the passage 

 quoted by Mr. Root, 5 miles from the open shore and 5 miles from 

 a line drawn between headlands enclosing chambers, or. as in the 

 fishery article, 3 miles from the open shore and 3 miles from the 

 mouths of bays. That is why I desire to draw attention in this 



