ARGUMENT OF SIR WILLIAM ROBSON. 1895 



The 3-mile zone is all gone, now. Here is Mr. Warren, for the 

 United States, alleging that you may get a bay and keep a bay, ac- 

 cording to the 



" relation between the extent of the penetration of the water inland 

 and its width." 



He is thinking of Delaware. But just let him apply the same 

 principle to Chaleur, and his own rule gives us Chaleur. 



And mark his other reasons. They are still more genral and com- 

 prehensive : 



" The degree of usefulness for municipal purposes." 



There is an extraordinary ground about as far remote from the 

 territorial zone theory as east is from the west 



" the degree of usefulness for municipal purposes." 



Again, I suppose, he was thinking how useful it is to have the fish- 

 ing in Delaware Bay all to yourself. That is the degree of usefulness 

 in Delaware Bay. But how is the degree of usefulness in Delaware 

 Bay greater, by the value of one single herring, than it is in Chaleur 

 Bay? It is just as useful to the people who live on the banks of 

 Chaleur Bay that they should have their own fishing as it is to the 

 people who live in the State of Delaware. 



Here is another test proposed by Mr. Warren : 



" the population and use of the shores." 



I never heard of such a test. Mr. Warren, when he sets out to find 

 grounds for keeping a bay, leaves Grotius, Galiani, Azuni, and the 

 rest all behind him. They never thought of proposing as a reason 

 for keeping a bay that you should have regard to the population on 

 the shores, or the use of the shores. Mr. Warren says these are excel- 

 lent reasons for keeping a bay. And he goes on : 



" the necessity of exclusive use as a means of defence to the vital 

 interests of the country." 



That is my case. Where will you get a more important case for 

 the necessity of exclusive jurisdiction, so far as defence is con- 

 cerned, than the Bay of Chaleur? Just imagine, in time of peace, 

 foreign warships being authorised to enter that bay, and to com- 

 mand, it may be, the whole of the adjacent territory on the outbreak 

 of war. Mr. Warren says he could never allow that in the case of 

 Delaware Bay ; and he is right. He could not allow it in the case of 

 Delaware; but he is here laying down general rules; he does not 

 profess to be deciding it for Delaware alone, but he is laying down 

 general rules upon which a nation may keep its bays; and every one 

 of his general rules applies to every one of our bays. 



He goes on : 

 " the vital interests of the country, and " 



