QUESTION FIVE. 



where must l>e measured the " three marine miles of any of 

 the coasts^ bays, creeks or harbours" referred to in the said article f 



SCOPE AND MEANING OF THE QUESTION. 



The renunciatory clause of the treaty of 1818 is to be construed in 

 answering this Question. 



And the United States hereby renounce forever any liberty hereto- 

 fore 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 harbors of His Britannic Majesty's Dominions in America 

 not included within the above mentioned limits; Provided however, 

 That the American fishermen shall be admitted to enter such bays 

 or harbors for the purpose of shelter and of repairing damages 

 therein, of purchasing wood, and of obtaining water, and for no 

 other purpose whatever. But they shall be under such restrictions 

 as may be necessary to prevent their taking, drying or curing fish 

 therein or in any other manner whatever abusing the privileges 

 hereby reserved to them. 



The Case presented on behalf of the Government of Great Britain 

 states "that the three marine miles specified in Article I must be 

 measured in the case of unindented coasts from the shore line at low 

 tide." 



With that statement the United States agrees. 



There remains to be determined what is the true interpretation ot 

 the provision, within three marine miles of any of the " bays, creeks 

 or harbours of His Britannic Majesty's Dominions in America," used 

 in connection with the provision, " on or within three marine miles 

 of any of the coasts." 



The Government of Great Britain in 1870 prepared an instruction, 

 which was forwarded the governor-general of Canada and the Brit- 

 ish minister in Washington, relating to the construction of this 

 clause : 



When a bay is less than six miles broad, its waters are within 

 the three mile limit, and therefore clearly within the meaning of the 



British Case, 122. 



117 



