QUESTION FIYE. 79 



from the entrance of the harbours and not from their shores. But 

 if so, how can a distinction in that respect be drawn between bays 

 and harbours ? They are in the same sentence, in the same category, 

 and governed by the same prepositions. 



Thirdly, the renunciation of liberty to fish on or within three 

 miles of the bays was accompanied by the proviso (British Case, 

 App., p. 31)- 



" that the American fishermen shall be admitted to enter such bays 

 or harbours for the purpose of shelter " &c. 



But if the intention had been that American fishermen were to be at 

 liberty to enter the larger bays in order to fish (keeping three miles 

 from the shore), the proviso would not have given them liberty to 

 enter such bays for shelter. It would have given liberty to go within 

 the three miles. 



Fourthly, if the language of the treaty were properly expanded 

 so as to make the distance prescribed directly applicable to each of 

 the places mentioned, it would read thus : 



" three marine miles of any of the coasts ; three marine miles of any 

 of the bays ; three marine miles of any of the creeks ; or three marine 

 miles of any of the harbors." 



The interpretation of the United States would require it to be 

 read as follows: 



90 " Three marine miles of any of the coasts ; three marine 



miles of any of the coasts of the bays; three marine miles of 

 any of the coasts of the creeks; or three marine miles of any of the 

 coasts of the harbors." 



JUDICIAL DECISION AS TO CONSTRUCTION OF THE TERM BAYS." 



This very question has been the subject of consideration by the 

 Judicial Committee of His Majesty's Privy Council, in the case to 

 which reference has already been made in the British Case, and it 

 was expressly decided, after argument, that the convention of 1818 

 applied to all bays whatever, large or small. Lord Blackburn, in 

 giving the reasons of the Committee said that it was impossible to 

 have any doubt on this point (The Direct United States Cable Co. 

 v. the Anglo-American Telegraph Co., L. R. 2 App. Cases, p. 394. 

 British Case, p. 106). 



USE OF THE TERM " BAYS " IN OTHER TREATIES. 



The word " bays " occurred in other treaties prior to that of 1783, 

 and it is pertinent to observe that the very limited meaning sug- 

 gested by the United States can not be given to it in any of these 

 documents. 



