198 THE ARGUMENT OF THE UNITED STATES. 



period of more than twenty years. In the British Case 8 the state- 

 ment is made that " since 1888 the question has not been further 

 discussed." 



The controversy, in so far as it related to the true interpretation of 

 this renunciatory clause, was thus settled in accordance with the con- 

 tention of the United States. 



The novel theory of interpretation, devised by Nova Scotia, has not 

 been advanced by Great Britain since it was rejected over fifty years 

 ago in the decisions of the Washington and Argus cases ; and for the 

 last thirty years it has not even been mentioned in the diplomatic cor- 

 respondence. It may fairly be asserted, therefore, that this question 

 was revived by Great Britain and submitted to this Tribunal on the 

 theory that by proposing it something might be gained without the 

 risk of losing anything, for a decision sustaining the contention of 

 the United States would deprive Great Britain only of a barren 

 claim which she has never felt justified in enforcing. 



THE LAW APPLICABLE TO QUESTION FIVE. 



There remains to state the principles of law applicable to the facts 

 disclosed by this review and to cite the authorities bearing thereon. 



The United States submits that the facts abundantly establish the 

 true interpretation of this renunciatory clause of the treaty. The 

 remedy agreed upon must be interpreted with the evil complained of 

 in mind. Kent states : " The intention is to be collected from the 

 occasion and necessity of the law, from the mischief felt, and the 

 remedy in view, and the intention is to be taken or presumed accord- 

 ing to what is consonant to reason and good discretion." 



The United States contends that the intention of the negotiators, 

 the remedy sought, the practical difficulties to be overcome, and the 

 words of the treaty, all lead to the conclusion that a " bay of His 

 Britannic Majesty's Dominions in America " was a bay lying within 

 the three-mile line, following the sinuosities of all the non-treaty 

 coasts; and that the three-mile distance was to be measured seaward 

 from such bays as though the lines drawn from the opposite shores 

 across their entrances were continuations of the shore-line. 



British Case, 103. 



