950 



COBBESPONDENCE, ETC. 



the United States and Her 

 Majesty the Queen of Great 

 Britain, either by Treaty or 

 by laws mutually acknowl- 

 edged. 



the British Channel and In 

 the North Sea would not be 

 equally applicable to the 

 provinces. The coasts bor- 

 dering on those waters con- 

 tain numerous " bays " more 

 than ten miles wide ; and no 

 other condition has been 

 ouggested to make the limit 

 established by Great Britain 

 and other powers as to those 

 coasts " inapplicable " to the 

 coasts of Canada. 



The exception referred to 

 (of the oyster beds Jn Gran- 

 Tllle Bay) from the ten- 

 mile rule in the Conventions 

 of 1839 and 1843, between 

 Great Britain and France, la 

 found, upon examination of 

 the latter Convention, to be 

 " established upon special 

 principles ; " and It Is be- 

 lieved that the area of wa- 

 ters so excepted is scarcely 

 12 miles by 19. In this re- 

 lation It may be Instructive 

 to note the terms of the 

 Memorandum proposed for 

 the Foreign Office In 1870, 

 with reference to a Com- 

 mission to settle the fishing 

 limits on the coast of Brit- 

 ish North America. (Sess. 

 Pap., 1871 ; see also Appen- 

 dix "C.") 



The Bay des Chaleurs la 

 161 miles wide at the mouth, 

 measured from Birch Point 

 to Point Macquereau ; con- 

 tains within its limits sev- 

 eral other well-defined bays, 

 distinguished by their re- 

 spective names, and, accord- 

 Ing to the " observations," a 

 distance of almost seventy 

 miles Inward may be trav- 

 ersed before reaching the 

 ten mile line. 



The Delaware Bay is Hi 

 miles wide at the mouth, 32 

 miles from which It nar- 

 rows Into the river of that 

 name, and has always been 

 held to be territorial waters, 

 before and since the case of 

 the Grange an international 

 case, In 1793, down to the 

 present time. 



In delivering judgment In 

 the case of the Washington, 

 the Umpire considered the 

 headland theory and pro- 

 nounced It " new doctrine." 

 He noted among other facts 

 that one of the headlands of 

 the Bay of Fundy was In 

 the United States, but did 

 not place his decision on 

 that ground. And immedi- 

 ately in the next case, that 

 of the Argus, heard by him 

 and decided on the same 

 day, he wholly discarded the 

 headland theory and made 

 an award In favor of the 

 owners. The Argus was 

 seized, not In the Bay of 

 Fundy, but because (al- 

 though more than three 

 miles from land) she was 

 found fishing within a line 

 drawn from headland to 

 headland, from Cow Bay to 

 Cape North, on the north- 

 east side of Cape Breton 

 Island. 



