1328 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



torial. Bays, by the 1794 treaty, were declared to be territorial, and 



Delaware Bay, they had agreed, in 1793, was territorial. 

 801 THE PRESIDENT: My question was whether you could state 

 the reason why in the draft treaty in 1806 there was no men- 

 tion of bays? 



MR. EWART: No, Sir, I cannot. I see the omission. 



THE PRESIDENT : That is omitted, and it is not to be explained why 

 they omitted bays? 



MR. EWART: No, Sir, I have no explanation to offer. The point I 

 wish to make is that the omission is not equivalent to saying that 

 they are not territorial. 



SIR CHARLES FITZPATRICK: What effect do you give to the words 

 "maritime jurisdiction" in article 12? 



MR. EWART: That is 5 miles, I think, because there is no mention 

 of bays in the previous paragraph. 



THE PRESIDENT: You do not think that the reason why they have 

 omitted the word "bays" is that the territorial area had been en- 

 larged from 3 miles to 5 miles? 



MR. EWART : That had not occurred to me as possible. 



THE PRESIDENT: One could perhaps imagine that they thought that 

 by the enlargement of the belt to 5 miles they had includued bays ? 



MR. EWART: I think not, Sir, for Delaware Bay, I understand, is 

 14 miles, and they were certainly not intending to declare, even by 

 implication, that Delaware Bay was a non-territorial bay. 



I leave that subject. I think, perhaps, that the list of the refer- 

 ences which I have given could be supplemented, but I believe it to 

 be indisputable that at that time there was no agreement even as to 

 unindented coasts. 



As to bays. I wish to say just a word or two in connection with 

 the written argument which. Mr. Warren was kind enough to have 

 delivered to me, as early as it was possible for him to do it, and 

 which I have read. 



SIR CHARLES FITZPATRICK: Before you leave that point, will you 

 allow me to ask one question that occurs to me now: Would you, 

 within the jurisdiction described in article 12, not include the bays on 

 the coast? Would not they be in the maritime jurisdiction? 



MR. EWART: Some of them would, Sir, within the 5 miles; but 

 5 miles would not be sufficient to cover some of them. Delaware 

 Bay, for instance, and Chesapeake Bay would not be included. Of 

 course, it would include the bays up to 10 miles 5 miles on each side 

 would include them. 



SIR CITARLES FITZPATRICK: Would not the bays extending into the 

 territory be within the maritime jurisdiction, surrounded on all sides 

 by the territory of the country ? 



