302 FISHERIES ARBITRATION AT THE HAGUE 



Senator Root: Doubtless, and this draws an accurate and 

 authoritative hne between the two. Those areas which, in this 

 year 1815, the British Government regarded as covered by the first 

 branch, are those outside of the marine league from the coasts. 

 That is the very thing that they are defining. They are drawing 

 a line between the first branch and the second branch of the treaty 

 of 1783 and they are declaring that everything without the juris- 

 diction of the maritime league from the coasts is to be admitted to 

 continue to the United States, under the first branch of the treaty 

 of 1783, and that only such areas of water as are within the juris- 

 diction of the marine league from the coasts are to be treated as 

 being lost by the United States, because under the second branch 

 of the treaty of 1783. 



Now, I might call attention, for a more complete understanding 

 of this letter, to the letters which I read at the opening of my argu- 

 ment this moring. I would refer first to the letter of the Earl of 

 Kimberley to Lord Lisgar, p. 636 of the American Case Appendix, 

 in which the Earl of Kimberley says: 



"As at present advised, Her Majesty's Government are of opinion that 

 the right of Canada to exclude Americans from fishing in the waters within 

 the limits of three marine miles of the coast, is beyond dispute, and can only 

 be ceded for an adequate consideration." 



That, you will see, is the same phrase that is used in the letter 

 by Lord Bathurst. Of course, in this letter, Lord Kimberley is 

 using the expression "hmits of three marine miles of the coast" 

 in the same sense as "three marine miles of the shore." The 

 memorandum, sent by the Foreign Ofiice to the Governor- General 

 of Canada, which appears at p. 629 of the American Appendix, 

 in the third paragraph, says: 



"The right of Great Britain to exclude American fishermen from waters 

 within three mUes of the coast is unambiguous, and it is believed, uncontested." 



They use the same expression as the letter from Lord Bathurst 

 to Mr. Baker, and they use the expression "within three miles of 

 the coast" as the equivalent of "within three miles of the shore." 

 The further development of the subject in the memorandum leaves 

 no doubt whatever of that. 



