QUESTION FIVE. 223 



that (page 86) " the Holmes, between which and the shore of the 

 County of Glamorgan the place in question is situated, having 

 always been treated as part of the parish of Cardiff and as part of 

 the County of Glamorgan." 



Delivering the opinion of the court, Chief Justice Cockburn said : 



In this case we are of opinion that the conviction is right. The 

 only question with which it becomes necessary for us to deal is 

 whether the part of the sea on which the vessel was at the time when 

 the offence was committed forms part of the body of the county of 

 Glamorgan; and we are of opinion that it does. 



The British Case a refers to the capture of the British ship Grange 

 by the French frigate ISEnibuscade in Delaware Bay in 1793, and to 

 the action of the United States in restoring the vessel to its owners, 

 on the ground that it was captured in neutral waters. 



In 1793 Great Britain and France were at war. The independence 

 of the United States had been recognized only ten years before, and 

 the new Kepublic was anxious to avoid complications with Great 

 Britain. It is a matter of common knowledge that the French min- 

 ister in the United States, Monsieur Genet, was attempting to make 

 use of the territory of the United States as a base of hostile activities 

 against Great Britain. In this state of affairs the United States 

 declared, when the opportunity arose, that the waters of Delaware 

 Bay, which are in reality but a part of the Delaware River, a broad 

 navigable stream leading into the heart of one of the populous sec- 

 tions of the United States, and in fact to Philadelphia, then one of 

 the most important ports of the United States and the capital of the 

 nation, were neutral as against the hostile operations of the two 

 powers then engaged in war. 



This declaration has remained uncontested by any nation, and 

 has never been made the basis of broad claims of jurisdiction over 

 other bays adjacent to the shores of the United States. 



The letter from Mr. Jefferson, then Secretary of State, to the 

 minister of France, written in November, 1793, is referred to in the 

 British Case. Mr. Jefferson stated: 



Not proposing, however, at this time, and without a respectful 

 and friendly communication with the Powers interested in this navi- 



British Case, 84. 



