216 THE ARGUMENT OF THE UNITED STATES. 



should be extended to six miles and the width of territorial bays to 

 twelve miles, was in effect a proposal to extend the generally recog- 

 nized limits of territorial jurisdiction and was based upon changed 

 conditions in the power to defend. 



The British Case B cites, from Hall on International Law, his ref- 

 erences to more extensive claims to maritime jurisdiction by other 

 nations. The present submission does not involve the examination 

 of those exceptional cases " where continuous and established usage 

 has sanctioned a greater width " of the territorial sea. The fact is 

 well established that there are exceptions, based upon long continued 

 assertion of jurisdiction acquiesced in by other powers, but such ex- 

 ceptions require no examination in this arbitration. There is no evi- 

 dence before this Tribunal of any claim based on long continued as- 

 sertion of jurisdiction over bays on the non-treaty coasts of the British 

 Dominions in North America against the fishing vessels of the United 

 States, with the acquiescence of the United States. 



STATUTES. 



In this connection the statutes cited in the British Case c will be 

 examined. 



Only three of the statutes referred to were enacted prior to 1818. 

 The Act, 47 Geo. Ill, c. 12, s. 15, was enacted by the legislature of 

 Lower Canada in 1807. This statute does not assume to assert juris- 

 diction over the Bay of Chaleurs. In any event, in 1807 the fishing 

 vessels of the United States were at liberty to fish in the Bay of 

 Chaleurs, under the terms of the treaty of 1783. The statute does not 

 refer to foreigners and the presumption is that the act. has no extra- 

 territorial application to foreigners. 



In Regina vs. Keyn (L. E., 2 Ex. Div., p. 210) Chief Justice Cock- 

 burn said: 



For where the language of a Statute is general, and may include 

 foreigners or not, the true canon of construction is to assume that the 

 Legislature has not so enacted as to violate the rights of other nations. 



The Act, 50 Geo. Ill, c. 5, was enacted by the legislature of New 

 Brunswick in 1810, and was an act for the security of navigation and 

 authorized the erection of beacons and buoys in Mirainichi Bay. 



* Annuaire de I'Institut de Droit International, Tome XIII, 1894. 



6 British Case, 114. 



British Case, 113-114. 



