114 AEGUMENT OF GREAT BRITAIN. 



authority, and on that, he found that the headlands of the Bay of 

 Fundy were not both British. It followed, in his opinion, from that 

 finding, that the bay was not a bay of His Majesty's dominions within 

 the meaning of the Convention. 



PERIOD 1854 TO 1866. 



All debate ceased between the years 1854 and 1866. The reci- 

 procity treaty was then in operation. 



PERIOD 1866 TO 1877. 



The reciprocity treaty having been terminated by the United 

 States, the question again became the subject of diplomatic corre- 

 spondence, and Mr. Seward (United States Secretary of State) in 

 1866 instructed Mr. Adams (United States Minister at London) to 

 propose the appointment of a Commission with a view to agreement 

 upon the subject of bays. The instructions were accompanied by 

 a letter written by Mr. Richard D. Cutts, who had acted as United 

 States Commissioner in settling an analogous difficulty under the 

 treaty of 1854, and of whpm Mr. Seward said (United States Case, 

 App., p. 5G6) : 



129 "I send you a copy of a very suggestive letter from Mr. 

 Richard D. Cutts, who, perhaps, you are aware, was employed, 

 as surveyor for marking, on the part of the United States, the fisher}'' 

 limits under the reciprocity treaty. Mr. Cutts's long familiarity 

 with that subject practically and theoretically entitles his sugges- 

 tions to respect." 



In this letter Mr. Cutts said (United States Case, App., p. 569) : 



" In the opinion of this government repeatedly announced at dif- 

 ferent periods, the American fishermen have a clear right to the use 

 of the fishing grounds lying off the provincial coasts, whether in the 

 main ocean or in the inland seas, provided they do not approach 

 within three marine miles of such coasts, or of the entrance to any 

 bay, creek or harbor not more than six miles in width ; and to such 

 bays only does the renunciatory clause in the first article apply." 



The same view was formulated in 1877 by the United States Gov- 

 ernment, when, in its "Answer" laid before the Halifax Commis- 

 sion, it stated its contention in tiie following terms (British Case, 

 App., p. 256) : 



" For the purposes of fishing, the territorial waters of every coun- 

 try along the sea-coast extend three miles from the low-water mark ; 

 and beyond is the open ocean, free to all. In the case of bays and 

 gulfs, such only are territorial waters as do not exceed six miles in 

 width at the mouth, upon a straight line measured from headland 

 to headland. All larger bodies of water, connected with the open 

 sea, form a part of it. And wherever the mouth of a bay, gulf, or 



