1852 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



In 1794 there is an international document of the greatest impor- 

 tance, and I am drawing attention to this because Dr. Lohman was 

 good enough to show me that on Friday I had directed attention to 

 the question of jurisdiction, but that he wished me to deal most with 

 the question of fishing. Of course I am drawing attention to this to 

 show jurisdiction carries the right of fishing. I refer to the 25th 

 article of the treaty of 1794, to be found at p. 23 of the British Case 

 Appendix. It says here : 



" Neither of the said parties shall permit the ships or goods belong, 

 ing to the subjects or citizens of the other to be taken within cannon 

 shot of the coast, nor " 



That "nor " is a very important disjunctive 



" nor in any of the bays, ports, or rivers of their territories, by ships 

 of war or others " 



And so on. 



" But, in case it should so happen, the party whose territorial rights 

 shall thus have been violated shall use his utmost endeavours " 

 etc. 



1120 That is the year after the Delaware Bay incident the very 

 year after. Delaware Buy is a big bay. There is no question 

 about 6 miles no question about coast-line or coast-line limits. It is 

 a big bay. And here, so much alarmed has the United States been 

 by this incursion of European Powers into its bays, where they car- 

 ried out their own battles, that it says: "We must have this made 

 clear. England is becoming our commercial ally; she must promise 

 to stand by us, the United States, if any nation presumes to come 

 into any of our bays." And that territorial right carries with it 

 every other territorial right. Once you have established your juris- 

 diction over the bay as its sovereign, you have established also the 

 right to exclude fishermen. And therefore that brings me to the first 

 part of my answer to the question which I am much obliged to Dr. 

 Lohman for having put to me, because it keeps me to this important 

 point, which I am afraid I had forgotten. His question is: 



" Is there any document or fact before 1818 that proves that, either 

 on the side of Great Britain or of the United States, in reference to 

 the fishing rights of the United States, a distinction is made between 

 coasts and bays ? " 



My answer so far I am going on with it is that there is in every 

 document and every transaction a distinction observed between coasts 

 and bays, indicating that bays are within the territory of the adjacent 

 State; and when once they are within the territory of the adjacent 

 State the adjacent State has complete control over all their fishing 

 rights. 



