98 CASE OP GREAT BRITAIN. 



85 of this case, and a larger part of it will be found in the appendix 

 at p. 59. Its terms are absolutely inconsistent with the claim now put 

 forward by the United States. 



PUCA STRAITS. 



In 1846, by the treaty of Washington made between Great Britain 

 and the United States, it was stipulated that the boundary between 

 the United States and British North America should follow the fortf- 

 ninth parallel of latitude (App., p. 33) 



to the middle of the channel which separates the continent from Van- 

 couver's Island ; and thence southerly through the middle of the said 

 channel and of Fuca's Straits, to the Pacific Ocean. 



Disputes involving the title to various islands having arisen, the 

 boundary question at issue between the two nations was submitted to 

 the arbitration of the German Emperor, and in 1873 a protocol was 

 signed at Washington for the purpose of marking out the frontier 

 in accordance with his arbitral decision. Under this protocol the 



boundary after passing the islands which had given rise to 

 111 dispute is carried across a space of water 35 miles long by 20 



miles broad, and is then continued for 50 miles down the 

 middle of a strait 15 miles broad, until it touches the Pacific Ocean 

 midway between Bonilla Point on Vancouver's Island and Tatooch 

 Island lighthouse on the American shore, the waterway being there 

 10 miles in width. The United States in this case, therefore, con- 

 tinue to claim as territorial their share of the waters of a strait 

 which is much more than 6 miles in width, and recognised the right 

 of Great Britain to the other moiety. 



CHESAPEAKE BAY. 



In 1885, it was held by the United States Court of Commissioners 

 of Alabama Claims, that Chesapeake Bay was American territory, 

 and that seizures made by the Confederate cruisers within any part 

 of Chesapeake Bay were not made on the high seas. 6 The headlands 

 of Chesapeake Bay are 12 miles apart, and its length is over 114 

 miles before its waters narrow to 6 miles. The fishing in this bay 

 is controlled by State legislation. (App., p. 793.) 



GREAT BRITAIN. 



Great Britain, for her part, at the time the treaty of 1818 was 

 made, was asserting sovereignty not only over enclosed waters, but 



Hall, pp. 157, 158. 



6 The Alleganean : Statson v. The United States, 32 Albany Law Jour., p. 484 ; 

 Moore's Int. Arb., vol. iv, p. 4333, vol. v., p. 4675. 



