within the territoriiil jurisdiction of tlie Uuitud JStates, aud 

 that tliis jurisdic'tion extends for throe miles seaward from 

 its headhiiids, Capes May and Henh)peu. The same rule 

 applies to C^hcsapeake and Massachusetts Bays, which are 

 also inlets of large size. 



Daniel Webster admitted, when the question came under 

 his notice in 1852, that the claim of England to draw a line 

 from hendhind to }te(uU<iii(l, and to ca})ture all American 

 fishermen who might follow their pursuits inside of that line, 

 was w^ell founded, and that " it was undouljtedly an over- 

 sight in the Convention of 1818 to make so large a conces- 

 sion to England. If we look at the first article of this Con- 

 vention, we find that the United States hvrcJyy renounce for- 

 ever iinij liberty heretofore enjoyed or claimed'' hy tJieir people 

 in British vaters. In the Frauconiau case, which came be- 

 fore the British Courts m 1876, the cpiestion involved was 

 whether or not a foreigner commanding a foreit:;n vessel 

 could legall}' be convicted of manslaughter connuitted whilst 

 sailing by the external coast of England, within three miles 

 from the shore, in the prosecution of a voyage from one 

 foreign port to ancjther. The Court, by a majority of seven 

 judges to six, held the conviction bad on the ground that 

 the jurisdiction of the Common Law Courts extended onl}^ 

 to offenses committed Avithin the realm, and that at common 

 law such realm did not extend on the external coasts beyond 

 low water mark. None of the Judges, however, doubted 

 that Parliament had power to extend the laws of the realm 

 to a zone of three miles around the outer coast, if it saw fit 

 to do so. The Lord Chief Justice of England, by wdiose 

 casting judgment the conviction was quashed, stated, " If an 

 offense was committed " he said, "in a ba}^ gulf or estuary, 

 inter fauces terrce, the common law^ would deal with it be- 

 cause the parts of the sea so circumstanced were held to be 

 within the l)ody of the adjacent county or counties." In 

 another case, wdiicli was decided by the Judicial Committee 

 of the Privy Council, in 1877, the question arose between 

 two telegraph companies, whether Conce])tiou Bay in New- 

 foundland (which is rather more than twenty miles wide at 

 i;s mouth and runs inland between forty and fifty miles) was 

 within British waters or a part of the high seas. One of the 

 companies laid a cable and buoys within the bay at a dis- 

 tance of more than three miles from the shore, and the rival 

 compau}' contended that the former had infringed rights 

 granted to them by the Legislature of Newfoundland. The 

 Judicial Committee held that Conception Bay was within 

 territorial dominion of Great Britain. The Canadians claim 

 that all bodies of water or inlets iider fauces terrce, being 

 then within the territorial jurisdiction of England and her 

 dependencies, it follows that when the Americans, by the 



