1164 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



so much time was spent, will disclose that the Murr ground, about 

 which so much was said, lies within the geographical Bay of 

 702 Fundy, as described by a line drawn from the south of Brier 

 Island to the south of Grand Manan Island. I also submit 

 that the tide rips, referred to in the affidavits, so much discussed, lie 

 within the line drawn from the southern extremity of Brier Island 

 to the southern extremity of the Grand Manan, and that the gravelly 

 grounds, which are referred to in the affidavits, lie to the northward 

 of the line drawn from the southern extremity of Brier Island to the 

 southern extremity of Grand Manan. 



I will make an explanation which may perhaps be unnecessary, 

 but which I will take time to make. The letter " G " on this chart 

 indicates the gravelly ground. I do not know of any other indication 

 of gravelly ground than the " G " lying to the northward of this line 

 that I have defined and which appears on the map. It is quite true 

 that there was fishing outside the Bay of Fundy, and I have no doubt 

 but that some vessels were fishing off the Grand Manan Bank, which lies 

 outside of this line which is drawn from Brier Island to Grand Manan. 



I submit that there is no reasonable explanation . whatever for 

 drawing a line from the foot of Brier Island to above the middle of 

 Grand Manan Island, which is British territory. If there is any 

 theory upon which that line can be drawn which might explain it I 

 am unfamiliar with it, and cannot undertake to state it. I shall 

 leave this question with the observation that an examination of the 

 evidence will disclose that this Murr ground, and a part of the Murr 

 ledges, are to the northward of a line from the south of Brier Island 

 to the southernmost extremity of Grand Manan ; and with the further 

 observation that the Murr ledges, if counsel for Great Britain desire 

 to confine the discussion to the Murr ledges, lie within the line 3 miles 

 outward and parallel to a line between the south of Brier Island and 

 the south of Grand Manan. 



[At this point the Court took a recess of fifteen minutes.] 



Mr. President, the period has now been reached when the conten- 

 tion advanced by the Government of Great Britain was first heard of. 



Time will not be taken to more than refer to the report of Mr. Vail, 

 who, as the Acting Secretary of State, reported on the conditions of 

 the fishing-ground. This report is found in the Appendix to the Case 

 of the United States at pp. 436 and 440. One thing, however, is to 

 be noted in Mr. Vail's report, which appears at p. 437, and that is 

 that he stated 



" It does not appear that the stipulations in the article above 

 quoted " 



Having quoted the article of the treaty of 1818 now under consid- 

 eration 



" have, since the date of the convention, been the subject of conflict- 

 ing questions of right between the two governments." 



