ARGUMENT OF JOHN 8. EWABT. 1331 



Bay Case. These do not all mention Grotius' name, but they all 

 proceed upon the same principle. The Conception Bay Case will be 

 found to indicate that the only rule is such as I have suggested. 

 803 JUDGE GRAY : Will you k'indly put your pointer on Concep- 

 tion Bay on that map ? 



MR. EWART: Yes, Sir, it is here (indicating). 



JUDGE GRAY : Thank you. 



THE PRESIDENT : If I understand you correctly, Sir, your criterion 

 is not only the width of the bay at the entrance, but the whole con- 

 figuration of the bay ? 



MR. EWART: Precisely. 



THE PRESIDENT: And the width is one of the elements? 



MR. EWART : The width is one of the elements only. 



THE PRESIDENT: The width is one of the elements of the con- 

 figuration, but not the only one? 



MR. EWART: That is my idea. 



DR. DRAGO : What depth, more or less, is required of an inlet of the 

 ocean in order to form a bay ? 



MR. EWART : I would not like to propose any proportion. I think 

 when one looks at a bay, one has very little difficulty in saying that 

 it is a bay; and one carries in mind, indefinitely, the necessity of 

 proportion. But, of course, there is what Senator Turner described 

 as the twilight zone ; and some figures will come so near the line on 

 one side or the other that there may be differences of opinion. I 

 think it will be impossible to eradicate that, unless the nations agree 

 upon some mathematical proportion. Until then, we must proceed, 

 I think, upon Grotius' rule, and there is this much to be said in favour 

 of it : That all nations so far have proceeded upon it. 



JUDGE GRAY: Have you that language of Grotius before you, so 

 that you can read it readily? 



MR. EWART : Yes, Sir ; I think so. 



JUDGE GRAY : Do not let me take your time, if it is any trouble to 

 find it. 



MR. EWART: I think I can get it in a moment, Sir. Here it is: 



" By this instance it seems to appear that the property and domin- 

 ion of the sea might belong to him who is in possession of the lands 

 on both sides; though it be open above, as a gulph, or above and 

 below, as a streight ; provided it is not so great a part of the sea, 

 that when compared with the lands on both sides, it cannot be sup- 

 posed to be some part of them." 



Those are the words, Sir. 

 JUDGE GRAY: Thank you. 



DR. DRAGO : There must be an inlet of some considerable extent ? 

 MR. EWART: There must be an inlet, yes, Sir. In the British Case 

 Appendix, p. 488, it will be found that the opinion of Senator Mor- 



