1330 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



whether there is a wider limit or not ; and in the extract which Mr. 

 Warren has supplied us with I find this : 



" We do not contest the exclusive right of Great Britain over St. 

 George's Channel, of the King of Denmark over the Great and Little 

 Belt and the Sound; of the Turks over the Archipelago, the Sea of 

 Marmara, and the straits which lead to the Black Sea ; of the King 

 of Naples over the Strait of Messina; of Holland over the Zuyder- 

 Zee ; and of Sweden over the Gulf of Finland," 



And in the edition from which Mr. Warren quotes, M. Verge, the 

 editor, supplied a note, which Mr. Warren reproduces: 



"According to M. de Cussy (Phases, vol. 1, p. 97), we may mention 

 the following as being considered belonging to the territorial sea 

 subject to the laws and surveillance of the adjacent states. The Sea 

 of Azof and the Sea of Marmara; the Zuyder-Zee and the Dolard. 

 the Gulfs of Bothnia and Finland, the Gulf of St. Lawrence in 

 America, a part of the Gulf of Mexico within the respective limits 

 fixed by the nations whose territory is bordered by that gulf." 



We are a long way now, the Tribunal will see, from 6-mile bays. 



Upon the whole, Sirs, I venture to support the suggestion that is 

 made by Sir Robert Finlay, that if any principle is to be adopted 

 with reference to bays, it cannot be better than that of Grotius. It 

 may be said that that is indefinite. It must be indefinite, unless one 

 is to establish a mathematical proportion between the length of a 

 bay and its width. No one has ever suggested what that proportion 

 ought to be. It seems to me that if ever any mathematical statement 

 is made with reference to the territoriality of bays, it must be stated 

 in those terms. It is quite impossible that the territoriality of a bay 

 is to be determined merely by its width at the mouth. 



For instance, supposing that one takes a bay like that (indicating 

 on the map) or rather, something that is a more depression in the 

 shore, something like this (indicating), which is clearly not a bay. 

 It is less than 5 miles, but still no one will call it a bay, judged by 

 the width of its headlands. If you say that everything less than 6 

 miles is a bay, territorially then that is a bay. But suppose you 

 draw outside of that, a figure having a width of 7, 8, or 10 miles, and 

 you continue its depth like this (indicating on map) and bringing it 

 back to there (indicating great length), everyone will agree that 

 that is a bay. So I submit that, indefinite as the rule is, unless one 

 is going to treat the subject mathematically, as a proportion between 

 length and breadth, the best we can do is to take Grotius' rule. It has 

 been very largely accepted, and perhaps in no country more so than 

 in the United States. 



If one looks at the United States Attorney-General's opinion of 

 1793 (British Case Appendix, p. 55), it will be found that it is indi- 

 cated as being the best rule. Again, in the decision of the Alleganean 

 (already put in) it is referred to; and there is also the Conception 



