1334 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



dried up, he said, what difference would it make? And so I say, 



supposing that all the fresh water that comes down the St. Lawrence 



ceased to flow, the tide would still go up 300 miles, and there would 



be water in the bed which would have ceased to be that of a 



805 river and would have become the bed of a bay, for a distance 



of 300 miles there would be a bay which was never less than 



6 miles wide, and yet 300 miles long. It seems to me impossible, Sirs, 



to apply the rule which Mr. Warren suggests in the way that he has 



suggested. 



Passing on, I wish to call the attention of the Tribunal to the sub- 

 ject of United States bays. First, as to the Delaware Bay: We had 

 been promised in the case a statement as to the position of the United 

 States as to Delaware Bay, in their printed Argument. And we 

 looked for it with interest, because it did seem to us to be a matter of 

 difficulty for the United States to claim all their own bays that were 

 over 6 miles, and yet to assert that there was not one of that char- 

 acter north of the international boundary. I have now received from 

 Mr. Warren I am sorry that I have not my copy of his supplemen- 

 tary argument here, but from memory 



JUDGE GRAY: Here is a copy. 



DR. DRAGO: You may have mine. 



MR. EWART : Thank you very much, Sirs ; but I think I have it suf- 

 ficiently in mind, and it would take me some time to turn to the exact 

 passages to which I refer. Depending upon memory, to be corrected, 

 of course, by the members of the Tribunal if I am in error, it seems 

 to me that Mr. Warren put the territoriality of Delaware Bay upon 

 the fact that Great Britain claimed it to be territorial in 1793 (when 

 she made the claim for the release of the " Grange ") ; that the Attor- 

 ney-General made an assertion of right on the part of the United 

 States (in his opinion, which was adopted by the United States offi- 

 cially) ; and that, by submitting to the opinion, France also assented 

 to the declaration of the United States that it was territorial water. 

 That may be all very true, Sirs, and I do not question in the very 

 slightest that a transaction of that kind goes a long way to establish 

 territoriality, and that, as between the parties themselves, it may be 

 conclusive. But what I suggest is this: That it is not at all an an- 

 swer to the question as to how Delaware Bay was a territorial bay 

 before those incidents occurred. What the Attorney-General had to 

 determine was, not whether the bay was going to be a bay after his 

 opinion was acted upon by the United States, and acted upon by 

 France, and accepted by the nations as a decision and a declaration 

 of territoriality, but what was the character of the bay at the time the 

 seizure was made. At that tune none of these things had happened. 



Pp. 723-739 supra. 



