Appendix to the Memorial. 175 



Barren Island is exactly 3 miles. It would seem to follow that, 

 Barren Island not being a part of the mainland, as will be seen by 

 the accompanying chart, the seizure was made outside the three- 

 mile limit. 



On his re-examination, he testified that Barron Island is a 

 mile long and a mile wide; that it is more than one mile and less 

 than 134 miles from Barren Island to the main coast of Nova 

 Scotia. The distances thus given from the point where the Ger- 

 ring was seized to the nearest mainland are: 



From Gerring to Gull Ledge, about 1 ^4 miles 



Width of Gull Ledge 3^ " 



From Gull Ledge to Barren Island 13^ " 



Width of Barren Island 1 



From Barren Island to coast 1 to 1 34 miles 



or, over 5 miles, 



from the point where the Gerring was seized to the main coast. 



Again he testifies from the chart that it was exactly three 

 miles from where tlie Gerring was seized to Barren Island. Now, 

 adding the width of the island, 1 mile, and the distance from the 

 island to the coast, 1 to 1^4 rniles, still the Gerring was seized 

 outside the three-mile limit. 



The trial and the condemnation, in the opinion of my Govern- 

 ment, could not be upheld on the headland or "King's Chambers" 

 theory, which Professor Lawrence, in his work on International 

 Law, states has been abandoned, or not exercised in recent times, 

 by Her Majesty's Government, and the principle of which, as ap- 

 plied to bays and gulfs whose mouth is over six miles wide, was 

 decided adversely to the British Government in the arbitration 

 in the case of tlie Washington, where the umpire held as follows: 



"Taking it for granted that the framers of the treaty 

 intended that the word 'bay' or 'bays' should have the same 

 meaning in all cases, and no mention being made of head- 

 lands, there appears no doubt that the Washington, in fish- 

 ing ten miles from the shore, violated no stipulations of the 

 treaty. 



*Tt w^as argued on behalf of the British Government that 

 by coasts, bays, etc., it is understood an imaginary line, drawn 



