1858 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



by the State of Delaware, who excluded the fishermen. We. on tin- 

 other hand, having got it. said: "You, the United State-, -hull li-h 

 here." We gave you more than the 3-mile limit: we irave you the 

 10- or the 20-mile limit inside that bay because it \va- ours to irive. 

 And then when we change our minds and say we are going to cut 

 down your fishing rights, we use the same expression as we used l>e- 

 fore. That was. the word "bay," and we use it in reference to tin- 

 whole of the bay. The bay is the whole, is the unit, and \ve said: 

 "You shall not fish there;" and you agreed and renounced the right 

 to fish in the whole of the bay. And the reason why you did it was 

 because you knew that what you were giving up was what you had 

 got in 1783. In other words, whenever you talked about bays, you 

 did not mean a coast line around a bay; you meant bays. It i- quite 

 true, absolutely true; I do not for a moment seek to qualify the sug- 

 gestion that Dr. Lohman indicated in the questions which have been 

 of so much assistance to me; and I am very much indebted to the 

 Tribunal for bringing my mind to the point and not letting me 

 argue at large, when all the time I was leaving untouched some 

 difficulty in the minds of my Tribunal. I am much obliged to have 

 had my attention directed to this point : that the word " coast " might 

 have been used in a way inclusive of " bay," and the word " bay " 

 just thrown in, to mean nothing in particular. I say that it cannot 

 have had that effect. 



Now r may I take again the word "bay" to show how the United 

 States treated it 



SIR CHARLES FITZPATRICK: Before you do that, may I revert to the 

 Delaware Bay incident, and ask you whether or not, independently 

 altogether of the question of acquiescence on the part of England ami 

 France in the claim of the United States, the incident may be u-e- 

 fully referred to for the purpose of ascertaining the meaning which 

 the parties to this treaty, that is to say, the Americans and England. 

 put upon the word "bay"? On the part of England it is a.-serte.l 

 that the Bay of Delaware is a bay geographically speaking; on the 

 part of the United States they -ay it is a hay. This is the construc- 

 tion put upon the word "bay" by the parties to the treaty. And the 

 United States gives as the reason for the 



"the corner stone of our claim is. that the United States are proprie- 

 tors of the lands on both sides of the Delaware, from its head to its 

 entrance into the sea." 



That is with respect to Delaware Bay. 



SIR W. ROBSON : Yes, p. 55 [British Case Appendix]. 



SIR CHARLES FITZPATRICK : There is no claim of acquiescence there. 

 1124 SIR W. ROBSON: No. because they had not got it. 



SIR CHAUI.KS FITZPATKK K : It is a claim in respect to the geo- 

 graphical situation. 



