1254 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



made between Great Britain and the United States for the settlement, 

 not only of the "Alabama " difficulty, but of other difficulties. The 

 United States had never ceased to urge upon Great Britain the ne- 

 cessity for payment of all the damages sustained by reason of the 

 activity of the "Alabama " and as a result of an agreement and ref- 

 erence, Great Britain had to pay some 15,000,000 dollars in satisfac- 

 tion of those "Alabama " claims. 



[Thereupon, at 12 o'clock noon, the Tribunal took a recess until 

 2 o'clock P. M.] 



AFTERNOON SESSION, TUESDAY, JULY 12, 1910, 2 P. M. 



MR. EWART: Mr. President, I commence with the argument which 

 is drawn from the use of the words " of His Majesty's dominions." 

 It seems to me, Sirs, that the word " dominions " is synonymous with 

 the word " possessions " " of His Majesty's possessions." And you 

 will find instances of the use of that phrase in the letters with which 

 we are now familiar Bathurst to Keats in the British Case Ap- 

 pendix, p. 63, and Bathurst to Baker in the British Case Appendix, 

 p. 64. I quite accept the suggestion of Mr. Warren that the word 

 may be used as meaning " territories " " His Majesty's dominions," 



" His Majesty's possessions," " His Majesty's territories." 

 756 Now, at that time His Majesty's dominions consisted of 



Newfoundland, Prince Edward Island, Nova Scotia and Que- 

 bec. So that, instead of leaving in the treaty the descriptive words 

 " His Majesty's dominions," we may insert the things described and 

 say : " bays, creeks, and harbours of Newfoundland, of Nova Scotia, 

 of Prince Edward Island, and of Quebec." Putting it in that way, 

 Sirs, it seems to me that all possibility of dispute disappears. Be- 

 cause if one is to ask what are the bays of Newfoundland, and a map 

 is at hand, he has no difficulty in answering. What are the bays of 

 Newfoundland? St. George's Bay, Bay of Islands, &c., and so on, 

 going around the coast. What are the bays of Nova Scotia? Here 

 we have them all named upon the map. We might hesitate a little 

 when we come to the Bay of Fundy. Is that a bay of Nova Scotia 

 or not? Upon one side of it, at one end of that side, is American 

 territory, and one might hesitate a little as to whether that is a bay 

 of Nova Scotia or not. As to all the other bays, one would answer 

 without hesitation. But on the United States contention what are 

 you going to do? You cannot tell what are the bays of Nova Scotia 

 till you get large-sized charts of every one of them, and you must 

 then take a pair of compasses and a scale, and find out where 6 miles 

 cuts across the inner ends of these bays. Then for the first time you 

 know what are the bays of Nova Scotia. It seems to me that that is 

 a travesty upon the language which is used in this treaty, and that 

 the bays of Nova Scotia are what we say they are. 



