tion that has arisen with respect to NewfouiidlaiKl is the 

 vahie t)f these privilej^es within her territorial limits. LeaA'- 

 iug Newfountlland, we come to the lishin<j; grounds much 

 frequented by the Americans for the mackerel, heiTin<; and 

 other tisheries. AVe see the island of Cape Bretcm, separ- 

 ated from the maiidand of Nova Scotia by a narrow strait 

 known as the Gut of Canseau. This passaj^e, whose average 

 breadth does not exceed two and a half miles, takes us into 

 the Straits of Xortliund)erland, whii-li lie between Nova 

 Scotia and Prince Edward Island. We are now in the (hilf 

 of St. Lawrence ; in the middle of this gulf are the Magdalen 

 Islands, the home of Canadian fishermen. The coast of New 

 Brunswick, which forms the Avestern boundar} of the gulf, is 

 indented by several bays, one of which — the Bay des Clia- 

 leurs, is one of the most prolific fishing gnmnds of the con- 

 tinent. In this l)ay, and on the coasts of Cape Breton and 

 Prince Edward Island, the American tishenuen during this 

 century have dragged up fish to an enormous value. But 

 leaving the Gulf of St. Lawrence and passing around the 

 southern coast of Nova Scotia we come to the Bay of Fundy, 

 bounded on the north by the province of New Brunswick, 

 and having a small portion oi the United States territory 

 ojiposite to its southern headland. All the valuable Ush to 

 be caught in North America freipient this bay and the 

 waters of the Gulf of St. Lawrence. These are the great 

 fishing grounds so long envied by the fishermen of New 

 England. 



Now, it is admitted that the largest quantities of fish are 

 found within three marine miles from the coasts and bays 

 of the maritime provinces. Great Britain has always main- 

 tained that the three marine miles from the coasts, bays and 

 creeks of her possessions vuist be measured from, the head- 

 binds or cntraiice of such classes of Indeats. But this asser- 

 tion of the territorial and maritime jurisdiction of the 

 Dominion of Canada, as a section of the British Empire, is 

 not admitted by the United States, and they have heretofore 

 raised the issue, that the line of demarcation betwecni exclu- 

 sive and common water shoidd not be measured from the 

 headlands of bays, but should follow the shores of those in- 

 dents as if they were sinuosities of the coasts. If their con- 

 tention is founded on sonu; principles of international law, 

 or sustained by autlx^rity, then it would be dithcult to ex- 

 clude theui from the most important fishing grounds of 

 Ameiica. Wheaton states tlje rule as follows: "The mari- 

 time territory of (?very State extends to the ports, harbors, 

 bays, mouth of rivers and adjacent })arts of tln^ sea inclos(Hl 

 by headlands lu'longing t(j the same State." Chancellor 

 Kent admits that bays like Delaware Bay, which may be 

 compared in many respects to Bay des Chaleurs, is wholly 



