QUESTION FIVE. 145 



The extent of the "bays, creeks, or harbours of His Britannic 

 Majesty's Dominions in America " could not be determined except 

 by the agreement of the two powers, provided there was to be 

 any extension beyond the admitted jurisdiction within the three mile 

 limit. There had been no claim of jurisdiction over the large 

 outer bays on the part of Great Britain, and certainly no acquiescence 

 by the United States in any broad claim of jurisdiction. On the con- 

 trary, it was, beyond any dispute, understood that the " bays, creeks, 

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

 those within the British limits, and, therefore, necessarily six marine 

 miles or less in width ; thus comprehending the waters close upon the 

 shores soughkto be closed against the vessels of the United States. 



If the " British limits," or the " limits of the British jurisdiction," 

 with absolutely no exception sought or asked for bays, extended three 

 marine miles from the shores, in what manner could a bay, creek or 

 harbor " of His Britannic Majesty's Dominions " include waters more 

 than three marine miles from the shores? 



A bay, creek, or harbor of His Britannic Majesty's dominions in 

 America was. therefore, well understood to be a body of water not 

 over six marine miles in width at its entrance. Such a bay, creek, or 

 harbor was to be a closed bay ; and the three marine miles were to be 

 measured from the shores, and from the lines, determined by this 

 measurement from the shores, across bays, creeks, or harbors within 

 His Majesty's admitted jurisdiction. 



There remains to be determined the "coasts" referred to in the 

 renunciatory clause. The historical use of the word in the treaties, 

 acts, orders, and regulations directly relating to this region is estab- 

 lished by the collection, in this argument, of the uses made of the 

 word. 



Referring now to but one of the treaties in which the use of the 

 word discloses its accepted meaning the treaty between Great Brit- 

 ain and France of 1763. known as the Treaty of Paris, provided : 



The subjects of France shall have the liberty of fishing and drying 

 on a part of the coasts of the Island of Newfoundland, such as it is 

 specified in article 13 of the Treaty of Utrecht, which article is 

 renewed and confirmed by the present treaty (except what relates to 

 the island of Cape Breton, as well as the other islands and coast* in 

 the mouth and in the Gulph of St. Lawrence). 6 



"Coast" here comprehended the sinuosities of the shore of that 

 portion of Newfoundland referred to, and such was the construction 



Infra, pages 237 et seq. 6 U. S. Case, Appendix, 52. 



