ARGUMENT OF JOHN S. EWART. 1333 



" ' We find a universal agreement that harbors, estuaries and bays, 

 landlocked, belong to the territory of the nation which possesses the 

 shores round them, but no agreement as to what is the rule to deter- 

 mine what is a " bay " for this purpose. It seems generally agreed 

 that where the configuration and dimensions of the bay are such as 

 to show that the nation occupying the adjoining coasts also occupies 

 the bay, it is a part of the territory ; and with this idea most of the 

 writers on the subject refer to defensibility from the shore as the test 

 of occupation ; some suggesting,' " etc. 



Now, passing on to the next paragraph : 



" ' It does not appear to their lordships that jurists and text writers 

 are agreed what are the rules as to dimensions and configuration, 

 which, apart from other considerations, would lead to the conclusion 

 that a bay is or is not a part of the territory of the state possessing 

 the adjoining coasts, and it has never, that they can find, been made 

 the ground of any judicial determination, if it were necessary in 

 this case to lay down a rule, the difficulty of the task would not deter 

 their lordships from attempting to fulfill it. But in their opinion it 

 is not necessary.' " 



That is quoted in the case of the " Alleganean " ; and although 

 Grotius' name is not mentioned, it is the Grotius idea. 



When listening to Mr. Warren's argument, in which he insisted 

 so much upon the dictum of Bynkershoek that territorial water must 

 be within 3 miles, or a cannon-shot, I could not help constantly 

 thinking of what he was going to do with the River St. Lawrence, 

 or any other river. The mouth of the River St. Lawrence, upon a 

 reference between Great Britain and the United States (under the 

 terms of the reciprocity treaty of 1854) was declared to be at this 

 point (indicating Cape Chatte on map). By that treaty the United 

 States were admitted to all our coast fisheries, but not to the rivers. 

 It was therefore important to determine where the rivers ended, and 

 where the gulfs or the ocean commenced ; and so there was a reference 

 to settle that question. The arbitrators determined that that was 

 the point, Cape Chatte, from there over to there (indicating on 

 map), a distance of over 30 miles. And, as a matter of fact, you 

 can go 300 miles up the river above that line before you will come 

 to a point where the coasts approach one another within a distance 

 of 6 miles. 



Now, if Mr. Warren's quotation as to territoriality being limited to 

 3 miles from the coast applies universally and I do not see why it 

 should not apply to rivers in the same way as to bays then we have 

 no territorial power or ownership over the River St. Lawrence almost 

 up to Quebec. A river has no greater claim, as far as I can see, to 

 territoriality, than a bay. 



That point was taken up in the United States Attorney-General's 

 opinion in 1793. He first asked as to whether Delaware Bay was a 

 river or not. and he said part of it was. But supposing the river was 



