1088 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



dering upon the sea shall extend to the line of the State as above 

 defined. The jurisdiction of counties separated by waters within 

 the jurisdiction of the State shall be concurrent." 



At the bottom of p. 56 of the Appendix to the British Case, in the 

 note from Mr. Jefferson to M. Genet, Mr. Jefferson states : 



" For that of the rivers and bays of the United States, the laws of 

 the several States are understood to have made provision." 



There were nowhere to be found in any of the States of the United 

 States of America any Acts extending the ordinary jurisdiction over 

 bodies of water known as bays, and this statute of the State of Massa- 

 "chusetts defining the common law as to jurisdiction over a bay is 

 illustrative of the common law and statute law of the several States. 



Mr. Jefferson was mistaken when he made the statement that the 

 laws of the several States are understood to have made provision for 

 jurisdiction over bays, if he intended by that expression to have it 

 inferred that there were laws in the several States which provided 

 for an extension of the ordinary jurisdiction over bodies of water 

 known as bays. 



The Supreme Court of the United States in the case of Manchester 

 v. Massachusetts, 139 United States Reports, p. 240, passed upon this 

 question of the territorial limits of the States of the United States. 



Reading from the syllabus, which is written by the Court : 



" Within what are generally recognised as the territorial limits of 

 States by the law of nations, a State can define its boundaries on the 

 sea and the boundaries of its counties ; and by this test Massachusetts 

 can include Buzzard's Bay within the limits of its counties." 



I have shown the extent of Buzzard's Bay by a citation in the 

 case of Commonwealth v. Manchester, 152 Massachusetts Reports, 

 from which I read a short time since. 



The opinion of the Supreme Court of the United States at p. 255 

 is to this effect : 



" The territorial limits of this Commonwealth extend one marine 

 league from its seashore at low-water mark. When an inlet or arm 

 of the sea does not exceed two marine leagues in width between its 

 headlands, a straight line from one headland to the other is equivalent 

 to the shore line." 



At p. 256 the opinion continues : 



" that the distance between the headlands at the mouth of Buzzard's 

 Bay ' was more than one and less than two marine leagues ; ' : 



That fixes the width of the bay under consideration in that case. 

 At p. 257 the opinion of the Court proceeds : 



" The limits of the right of a nation to control the fisheries on its 

 seacoasts, and in the bays and arms of the sea within its territory, 

 have never been placed at less than a marine league from the coast 



