92 CASE OP GEEAT BRITAIN. 



and fishermen and were known under the names which they now 

 bear. In other words, the waters to which this discussion relates 

 were known as bays in 1818. 



Maps of the coasts had been published before that date. Of these, 



probably the most important were a wall map known as Mitchell's 



map (1T55), and a book of maps called " The American Atlas,*' 



104 prepared by " Thomas Jeffreys, geographer to the King and 

 others." In the appendix to this Case will be found reproduc- 

 tions of Mitchell's map, and of such of Jeffrey's maps as cover the 

 territory in question. Not only were these maps available to the 

 negotiators in 1783, but the report of the American Commissioners 

 proves that the Mitchell map was actually being used by them during 

 the negotiations. They said: "The map used in the course of our 

 negotiations was Mitchell's."" 



When, therefore, in 1783, an agreement was entered into with refer- 

 ence to the " bays " in these territories, no one could have been in the 

 slightest doubt as to what was intended. The maps showed it, and 

 every fisherman knew it without looking at the maps. And the word 

 was used in the same sense in 1818. It appears from an entry in 

 Mr. John Quincy Adams' diary, 8th July, 1823, that the same map 

 (Mitchell's) was made use of in subsequent negotiations. A minority 

 report of a committee of the United States Senate said in 1888 (App., 

 p. 462) : 



The treaty had reference to extensive lines of seacoast, upon which 

 the bays, harbours, and creeks were as well known by name and loca- 

 tion in 1818 as they are now. . . . 



The negotiators of the convention were dealing, therefore, with 

 tracts of water on the shores of His Majesty's dominions which were 

 known to everyone under the name of " bays " tracts of varying size 

 and of varying conformation, some with greater and some with less 

 width between their headlands, ranging from inclosures of consid- 

 erable extent to inlets of small size. They used the term " bays " with- 

 out any qualification whatever, and the inference is irresistible, as 

 His Majesty's Government submits, that the term was intended to 

 apply to all the waters on those shores which were known to the nego- 

 tiators and to the public, and were marked on the maps at the time, 

 as " bays." If it had been intended that the term should apply 



105 6nly to a limited class of the waters which were then called 

 " bays," an express limitation would have been inserted to give 



effect to that intention. 



Rev. Dip. Corresp., vol. vi, p. 133. A letter from the British Peace Commis- 

 sioner, Mr. Oswald, dated the 29th October, 1782, shows that Mr. Strachey took 

 maps with him from London to Paris for use in the negotiations there. These 

 maps were probably Jeffrey's maps. 



