290 FISHERIES ARBITRATION AT THE HAGUE 



unless it were involved in a construction of the language of the 

 treaty. 



Then, at p. 1083 of the same Appendix, there is a statement 

 about Newfoundland, in the letter from the Duke of Newcastle 

 to Governor Bannerman, of the 3rd August, 1863, which I have 

 already cited upon another question. In that letter this occurs: 



"The observations which suggest themselves to me, however, on the 

 perusal of the draft bill are" — 



the draft Bill was to regulate fisheries — 



"ist. That if any misconception exists in Newfoundland respecting the 

 limits of the colonial jurisdiction, it would be desirable that it should be put 

 at rest by embodying in the act a distinct settlement" — 



that may mean "statement" — 



"that the regulations contained in it are of no force except within three miles 

 of the shore of the colony." 



That was the position taken by the government of Great 

 Britain down so late as 1863. 



The President: But there seems to be no law or no treaty in 

 which the limits of British territorial waters were exactly fixed for 

 all purposes. These laws, or these treaties, fix the Umits, as it 

 seems, only for specific purposes: one for the purpose of fishery, 

 the others for the purpose of limiting the activity of war-ships in 

 time of war, and others for criminal jurisdiction, as is the case in 

 the Territorial Waters Jurisdiction Act. 



Senator Root : The broadest is that statement by Mr. Foster 

 regarding the jurisdiction of Canada; but I do not know of any 

 single instrument which undertakes to lay down any theoretical 

 rule. They were deahng with practical questions as they came up. 

 I may say, in passing, that the same limitation exists in the United 

 States. Reference has been made to a Delaware statute. The 

 jurisdiction of Delaware does not go beyond 3 miles. There was a 

 letter of Mr. Jefferson, speaking about the states having passed 

 laws regarding the subject that he was speaking of. The laws are 

 hmited to 3 miles. 



The President: Then may I ask: Is it to be ascertained when 



