QUESTION FIVE. 87 



so that you cannot enter it without going through the territorial 

 sea of that State, which means twice the distance of a gun-shot, or 

 six miles. It is required besides that all the coasts bordering on such 

 bay be subject to the State claiming such strait. The two conditions 

 must unite to give to any part of the ocean the character of an 

 internal sea, or a mare clausum." 



##**### 



The convention of 1818. therefore, excludes us from no part of the 

 littoral seas washing Her Majesty's dominions, without three marine 

 miles of the coast of such littoral seas, be they bays, gulfs, or other 

 inlets, unless the coast bordering the same be all under her sovereignty, 

 and unless the strait formed by the headlands at their entrance ex- 

 ceeds six miles in length. The question is here entirely solved and 

 put to rest. It only remains to be ascertained how distant be the 

 headlands at the entrance of the Bays of Fundy, of Chaleurs, and 

 elsewhere. Are they more widely apart than six miles? Then the 

 bays are as open and free as the main ocean itself. Are they within 

 the line of six miles? Then they are private bays, bays shut up 

 from the commerce of the rest of mankind, at the will of the riparipus 

 sovereign, provided he be the lord of the whole coast surrounding 

 them, and not otherwise. Now we know that is not the case with the 

 bays just named. Both have an entrance too wide to be claimed a? 

 private seas ; and. independent of this, the Bay of Fundy is bounded 

 in part by the State of Maine, a circumstance which alone would 

 preclude all pretensions on the part of England to make it hers. 

 I am done with this part of my subject. 



99 In reply, Senator Seward said as follows (App., p. 187) : 



Now, sir, this argument seems to me to prove too much. I 

 think it would divest the United States of the harbour of Boston, all 

 the land around which belongs to Massachusetts or the United States, 

 while the mouth of the bay is six miles wide. It would surrender 

 our dominion over Long Island Sound a dominion which I think 

 the State of New York and the United States would not willingly 

 give up. It would surrender Delaware Bay; it would surrender, I 

 think, Albemarle Sound, and the Chesapeake Bay; and I believe it 

 would surrender the Bay of Monterey, and, perhaps, the Bay of San 

 Francisco, on the Pacific coast. 



BAY OF FUNDY, 1856. 



1856. In this year, arbitration proceedings between the two coun- 

 tries took place, the legality of the seizure of the " Washington " in 

 the Bay of Fundy being one of the questions involved. A majority 

 of the arbitrators decided in favour of the United States claim. Mr. 

 Upham (appointed by the United States) delivered a long opinion, 

 holding that the Bay of Fundy was not a bay within the meaning 

 of the treaty. Mr. Hornby (appointed by the United Kingdom) held 

 otherwise. Mr. Bates (the umpire) agreed with the United States 

 arbitrator, saying as follows (App., p. 217) : 



The question turns, so far as relates to the treaty stipulations, on 

 the meaning given to the word "bays" in the treaty of 1783. By 



