ARGUMENT OF JOHN S. EWART, 1241 



instance, the Bay of Fundy and you might have precisely the same 

 looking body of water, and it would not be a bay ; and yet the Bay of 

 Fundy, according to the United States, is open sea. Six miles would 

 constitute a bay on the open sea ; down at the end of what is called a 

 bay the same water would not constitute a bay. I hope I make my- 

 self clear. 



The United States took the position, not as Mr. Warren does now 

 but as the United States did at Halifax, and as the United States 

 does in its printed Argument, that where there are bays not more 

 than 6 miles wide at the " entrance " the word is at the " mouth " in 

 the Halifax proceedings, at the "entrance" in the United States 

 Argument then you draw a line across them, and all larger bays 

 are open sea; and when you go down them you may find the same 

 shaped body of water at the end that you would on the coast; but 

 that is not a bay. That was one great practical difficulty. 



THE PRESIDENT: If I understand you right, it was in consequence 

 of that that we have sometimes heard of bays in the Bay of Fundy, 

 and according to this construction the bays in the Bay of Fundy 

 would not be bays? 



MR. EWART : No, Sir, they would not be bays, because it is a ques- 

 tion of what it is at the mouth or entrance. Of course, I am not 

 talking of Mr. Warren's new idea; I will come to that afterwards. 



Then another objection to this Halifax idea, as I may speak of it 

 shortly, was that, according to Mr. Warren's submission, it would 

 really give Great Britain water that was non-territorial. I do not 

 agree to that, but that is Mr. Warren's contention; and after all, as 

 the United States Argument itself puts it, it was a " rule of thumb," 

 not a rule of international law, not a legal construction of the words 

 of the treaty. The United States Argument does not speak of it as 

 such ; it speaks of it as a rule of thumb. I did not know what was 

 meant by the expression until Mr. Warren explained the difficulties 

 of the " triangle " and the great trouble that the United States fisher- 

 men would have in ascertaining exactly where this apex was, and 



where the curves of the two sides were precisely located. 

 748 Now, Sirs, these were the tw r o positions that had been taken 

 by the United States when they had to file their first document 

 in the present proceeding. They had the old "fishermen" idea 

 raised by the fishermen, adopted by the United States, abandoned by 

 Mr. Evarts. discarded by Mr. Webster; and they had this territorial 

 idea that had been put forward in the Halifax proceeding, and that 

 had also (I forgot to mention the fact) been adopted in the United 

 States Senate report which the Tribunal will find in the British Case 

 Appendix at p. 390. The origin of the idea must be attributed to 

 Senator Soule, whose speech is reported in the British Case Appendix 



