1866 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



Britain is ready to enter into an arrangement on that point; and 

 that, until any arrangement shall be made to the contrary, the usual 

 maritime jurisdiction of one league shall be common to both con- 

 tracting parties." 



That meant the usual maritime jurisdiction as usually applied to 

 the coasts, but it does not mean we are giving up our bays, it docs not 

 mean we are confining our claim to jurisdiction to the coast line alone, 

 and letting you take it all around the bays. If there is any doubt 

 about that it will be settled in the later letters. 



And then it says this also. The extent of the maritime jurisdiction 

 of the two contracting parties must be reciprocal. What was it that 

 remained in doubt? Only the coast line. As to that Great Britain is 

 saying, whatever coast line we fix, it must be the same for you. That 

 required settlement, that coast line question, but there was no doubt 

 about the bays, none. That did not require any negotiation. The 

 only part of the maritime jurisdiction that required settlement was 

 the coast line. 



Of course that observation about " reciprocal " would have an appli- 

 cation if one thought of the Delaware Bay incident. Supposing they 

 were thinking of "bays" at the time (I do not know whether they 

 were or not) but it would mean this : " If you are entitled to keep us 

 out of Delaware, out of your bays, we are entitled to keep you out of 

 ours. We are not going to give you a maritime jurisdiction superior 

 to that which we keep for ourselves. Therefore it must be reciprocal." 



Really, if full meaning be given to those words, how important they 

 are on this question! What do those words mean except this: 

 " Whatever we agree about jurisdiction you must agree to. You have 

 claimed to exclude us from fishing in Delaware; we are to have the 

 same right, whether we exercise it or not. If you get bays we irct 

 bays, and for whatever purpose you get them, we get them. In fact, 

 reciprocity was the very basis of the controversy at that time. 



JUDGE GRAY: Do you attach any significance to that last sentence 

 in that paragraph, they cannot agree to renew the privilege allowing 

 Americans to land and dry ? 



SIR W. ROBSON: Yes; they cannot agree to renew the privilege al- 

 lowing Americans to land and dry on the unsettled shores, ami so on. 



JUDGE GRAY: I mean in view of the fact that in speaking of the 

 maritime jurisdiction of 1 league, which you say is from the coa.-t. 

 they do not mention the bays at all, except to say that the privilege 

 of landing and drying cannot be conceded. 



SIR W. ROBSON : Yes, we would not grant it. 



JUDGE GRAY: Would not the inference rather be this, that the limi- 

 tation of 1 league from the shore that was settled on ultimately 

 1129 would apply to bays, and the only thing that they desired to 

 call especial attention to was the privilege of landing and 

 drying ? 



