QUESTION FIVE. 91 



In the case, for instance, of the Bale des Chaleurs, a peculiarly well- 

 marked and almost land-locked indentation of the Canadian coast, 

 the 10-mile line would be drawn from points in the heart of Canadian 

 territory, and almost 70 miles distant from the natural entrance or 

 mouth of the bay. This would be done in spite of the fact that, both 

 by Imperial legislation and by judicial interpretation, this bay has 

 been declared to form a part of the territory of Canada (see Im- 

 perial Statute, 14 & 15 Viet, cap. 63, and Mowat v. McPhee, 5, 

 Supreme Court of Canada Reports, p. 66) 



CONVENTION OF 1888. 



1888. A convention was negotiated (known as the Cham- 

 103 berlain-Bayard convention). It provided that the limits of 

 exclusion of United States fishermen from British waters 

 should be as follows : 



Certain named bays whose headlands are as follows: Bay of 

 Chaleurs, 16 miles; Miramichi Bay, 144 miles; Egmont Bay, 17 

 miles; St. Ann's Bay, 17^ miles; Fortune Bay, lOf and 11 miles; 

 Sir Charles Hamilton Sound, 5f and 6^ miles. 



Three marine miles seaward from lines drawn across headlands of 

 other bays as follows : Barrington Bay, 6f and 7f miles ; Chedabucto 

 and St. Peter's Bays, 8| and 9 miles; Mira Bay, Placentia Bay, 7$ 

 and 10 miles. 



As to bays, creeks, or harbours (App., p. 42.) 



"not otherwise specifically provided for in this treaty, such three 

 marine miles shall be measured seaward from a straight line drawn 

 across the bay, creek, or harbour, in the part nearest the entrance at 

 the first point where the width does not exceed ten marine miles." 



The United States Senate did not ratify this convention, and it 

 never became operative. 



Since 1888 the question has not been further discussed. 



THE ARGUMENT. 

 BRITISH CONTENTION. 



His Majesty's Government contends that the term " bays," as used 

 in the renunciation clause of article one, includes all tracts of water 

 on the nontreaty coasts which were known under the name of bays 

 in 1818, and that the 3 marine miles must be measured from a line 

 drawn between the headlands of those waters. 



It will be seen, on reference to a map, that the shores of His 

 Majesty's Dominions, to which article one applies, are indented to a 

 very marked extent. 



These indentations had all been surveyed and named at the time 

 the convention was entered into. They were well known to mariners 



