1822 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



attack. No international writer does that none. Every interna- 

 tional writer recognises that when he comes to a bay the coast-line 

 limit does not apply. They recognize that now you are coming under 

 fresh military consideration. 



Then he goes on in the same way. I need not deal with the can- 

 non-shot idea, because that of course is dealing with the coast-line 

 limit. He says : 



"All we have said of the parts of the sea near the coast may be 

 said more particularly, and with much greater reason, of the roads, 

 bays, and straights, as still more capable of being occupied, and of 

 greater importance to the safety of the country. But I speak of the 

 bays and streights of small extent ; and not of those great parts of the 

 sea to which these names are sometimes given, as Hudson's Bay and 

 the Streights of Magellan." 



And there is no doubt whatever that although we had assumed to 

 take Hudson's Bay, and kept it, and everybody has recognised our 

 rights, yet still, when you come to deal with some geographical bay 

 a bay like the Bay of Biscay, for instance, which really washes the 

 shores of two countries then international lawyers have made a 

 distinction, but they still keep that is what I am contending for 

 now they still keep the distinction between bay and open coast. He 

 says: 



"A bay whose entrance may be defended, may be possessed, and ren- 

 dered subject to the laws of the sovereign, and it is of importance that 

 it should be so, since the country may be much more easily insulted in 

 such a place, than on the coast open to the winds, and the impetuosity 

 of the waves." 



I am trying to answer Dr. Lohman's question Did the United 

 States for the first time in 1818 recognise* that "bays" were to be 

 distinguished from " coast " ? I say no. Everybody, both by treaty 

 and by law, had always recognised a distinction up to 1818 always. 

 That is shown by Vattel. 



Then there is Galiani, who has already been put in, and I am just 

 going to read him upon this point, because he puts it, I think, as 

 clearly as any of them. I am only going to read two more authori- 

 ties, Galiani says : 



" Opinions and usages with regard to the extent of this mare ter- 

 ritoricde have varied however in different centuries." 



This suits my argument well. He says : 



" The safest seems to be that when the coasts do not curve the terri- 

 tory extends out to sea to that full distance reached offensively 

 by balls or bombs from a battery stationed on shore. And 

 1102 in truth it is in conformity with the principles of common law 

 (jus commune) to call territory that space over which the 

 magistrates and ministers are able through dread of the forces con- 

 fided to them to execute the orders of their sovereign. I do not find 



