1 DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 675 



or less than ten miles in width, and the distance of three marine 

 miles from such bays and harbours shall be measured from a straight 

 line drawn across the bay or harbour in the part nearest the entrance 

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



This provision would involve a surrender of fishing rights which 

 have always been regarded as the exclusive property of Canada, and 

 would make common fishing grounds of territorial waters which 

 by the law of nations have been invariably regarded both in Great 

 Britain and the United States as belonging to the adjacent country. 

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

 marked and almost landlocked indentation of the Canadian coast, 

 the ten mile line would be drawn from points in the heart of Cana- 

 dian territory, and almost seventy 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 Imperial Stat., 14 and 15 Vic., cap. 63, and Mowat vs. McPhee, 

 5 Sup. Court of Canada reports, p. 66. 



The Convention with France in 1839 and similar Conventions with 

 other European powers, although cited by Mr. Bayard as sufficient 

 precedents for the adoption of a ten-mile limit, do not, the Minister 

 submits, carry out his reasoning. 



Those Conventions were doubtless framed with a view to the geo- 

 graphical peculiarities of the coasts to which they related. They 

 had for their object the definition of boundary lines, which, owing to 

 the configuration of the coast, perhaps could not readily be settled 

 by reference to the law of nations and involve other conditions which 

 are inapplicable to the territorial waters of Canada. 



Mr. Bayard contends that the rule which he asks to have set up 

 was adopted by the umpire of the Commission appointed under the 

 Treaty of 1854, in the case of the United States fishing schooner 

 " Washington," that it was by him applied to the Bay of Fundy and 

 that it is for this reason applicable to other Canadian bays. 



The Minister submits, however, that the rule laid down by Mr. 

 Bates with regard to the Bay of Fundy should not be treated as 

 establishing the respective rights of Canada and of the United States 

 as to bays and harbours not included in the terms of the reference, 

 and in relation to which there was no agreement to abide by the 

 decision of the umpire and no decision by him. 



It may reasonably be contended that as one of the headlands of 

 the Bay of Fundy is in the territory of the United States any rules of 

 international law applicable to that bay are not therefore equally 

 applicable to other bays, the headlands of which are both within the 

 territory of the same power. 



As to the second paragraph of the first article the Minister sug- 

 gests that before such an article is acceded to, and even if the objec- 

 tions before stated should be removed, the article should be so 

 amended as to incorporate the exact language of the Convention of 

 1818, in which case several alterations should be made. Thus the 

 words " and for no other purpose whatever " should be inserted 

 after the mention of the purposes for which vessels may enter Cana- 

 dian waters, and after the words " as may be necessary to prevent " 

 should be inserted " their taking drying or curing fish therein, or in 

 any other manner abusing the privileges reserved &c." 



