ARGUMENT OF JOHN S. EWABT. 1335 



There had been no demand by Great Britain ; there had been no opin- 

 ion of the Attorney-General; there had been no assent of France. 

 How was it territorial when that seizure happened? To ascertain 

 that, you have to go to the opinion of the Attorney-General, and you 

 will find that he says that it does not at all depend upon such points 

 as Mr. Warren suggests. In the British Case Appendix, at pp. 54 

 and 55, it is set out. I will not read any more than this : 



" No; the corner stone of our claim is, that the United States are 

 proprietors of the lands on both sides of the Delaware, from its head 

 to its entrance into the sea." 



That was quite sufficient the bay being of the character that it 

 was. And in Kent's " Commentaries," quoted in the British Argu- 

 ment, at p. 95, the ground upon which the United States based their 

 claim to territoriality of the bay is stated in these words : 



"The executive authority of this country, in 1793, considered the 

 whole of Delaware Bay to be within our territorial jurisdiction; and 

 it rested its claim upon those authorities which admit that gulfs, 

 channels, and arms of the sea, belong to the people with whose lands 

 they are encompassed. It was intimated that the law of nations 

 would justify the United States in attaching to their coasts an extent 

 into the sea beyond the reach of cannon-shot." 



Kent puts it precisely upon the ground that the Attorney-General 

 placed it in the extract that I have just given. That is the earliest 

 instance of dealing with territoriality of bays in the United States. 



The next to which I refer is the treaty with reference to Fuca 

 Straits. The treaty between Great Britain and the United States 

 is in the British Case Appendix, at p. 33, and it provided that the 

 line of boundary between the territories should be so-and-so, includ- 

 ing the words 



" through the middle of the said channel and of Fuca's Straits to the 

 Pacific Ocean;" 



The United States has supplied the Tribunal with a chart, in which 

 the boundary-line is shown. It comes in a zigzag sort of way 

 806 commencing at the international boundary here (indicating on 

 the map) between Canada on the one side and the United 

 States on the other, and it goes out into the ocean to a point there 

 (indicating on the map) in Georges Strait. Then it comes down 

 this way, and goes through the islands; and comes down here (indi- 

 cating), and passes through the centre of Fuca Straits out to the 

 ocean. The greatest width of Fuca Straits is about 10 miles 1QJ 

 miles. Mr. Warren suggests that the boundary-line in the centre of 

 Fuca Straits was drawn not really as a boundary-line, but that the 

 two nations might know that their territorial waters were not where 

 the line is ; that their limijts were at some other places on either side 



