1898 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



1148 respectfully submit it should, to give Great Britain all the 

 bays in the words of the treaty, it would still be useful and 

 necessary that the parties should agree upon the headlands in each 

 case. Now, what is the action that was taken for the principal bays 

 under the Chamberlain-Bayard proposed treaty? I am not irnini: 

 into this in detail, because, as I say, Sir Robert Finlay went into it so 

 thoroughly, but they delimited the principal bays, and I merely 

 recall to the mind of the Tribunal the distance between the lu'tnl- 

 lands in some of the cases. In some cases the distance was 16 miles, 

 14 miles, 17 miles, 17 miles, 1(H miles plus lOf miles, making over 

 21 miles; and they went on through all these bays and fixed the par- 

 ticular delimitations, up to 17 and 20 miles. It was a most unfor- 

 tunate thing that the Senate, for reasons which did not concern bays, 

 and probably did not concern fishing, refused to allow this carefully 

 considered document, framed by consultation between responsible 

 statesmen of both countries, to become effective, although these men 

 had thought this matter out with the greatest care and moderation 

 and good sense. Still, there you find the two Governments going up 

 to 20 miles as a reasonable limit between headlands. On what ground 

 do they do that ? Upon the grounds stated so fully and precisely by 

 Mr. Warren. When Mr. Warren is justifying Delaware Bay, he has 

 put my argument in favour of my point better than I have put it 

 myself. That might be expected. But he has also gone much farther 

 than I have gone, which might not be expected. He has stated that 

 among the things he would take into account are not merely meas- 

 urements between headlands, but population, use of the shores, all 

 kinds of considerations; and he says they must be such reasons as 

 commend themselves to the common sense of nations. Well, now, Mr. 

 Chamberlain and Mr. Bayard knew or thought that they were acting 

 in a way which would commend itself to the common sense of 

 nations. Of course there might be political reasons, as in that case 

 there were, which induced a particular legislative body to throw the 

 treaty aside; but the common sense of those distinguished statesmen 

 showed that you might take Mr. Warren's grounds and apply them 

 to bays which went three times as far as he is willing to go now. 



So that, on this question of bays, I submit with confidence that my 

 case is proved almost beyond dispute. I should not say beyond dis- 

 pute, because we can dispute anything, for any length of time. But 

 they are certainly proved to the satisfaction of any reasonable man. 

 If the Tribunal will just cast its mind back over the range of my 

 argument, it will be seen that I began to point out that centuries ago 

 bays were expressly claimed to be treated as part of the land; that 

 everybody admitted the claim; that everybody acted upon it: that 

 treaties were made on the faith of it; that bays were put into a cate- 

 gory by themselves, as distinct from the general coast line ; that when 



