446 NEW ENGLAND FISHERIES 



1878 and 1882, when fixing the very same zone of terri- 

 torial waters. That a bay in Europe should be considered 

 as different from a bay in America and subject to other 

 principles of international law cannot be admitted in the 

 face of it. What the practice of Great Britain has been 

 outside the Treaties is very well known to the Tribunal, 

 and the examples might be multiplied of the cases in 

 which that nation has ordered its subordinates to apply 

 to the bays on these fisheries the ten mile entrance rule 

 or the six miles according to the occasion. It has been re- 

 peatedly said that such have been only relaxations of the 

 strict right, assented to by Great Britain in order to avoid 

 friction on certain special occasions. That may be. But 

 it may also be asserted that such relaxations have been 

 very many and that the constant, uniform, never con- 

 tradicted, practice of concluding fishery Treaties from 

 1839 down to the present day, in all of which the ten 

 miles entrance bays are recognized, is the clear sign of a 

 policy. This policy has but very lately found a most pub- 

 lic, solemn and unequivocal expression. "On a question 

 asked in Parliament on the 21st of February, 1907, says 

 PITT COBBETT, a distinguished English writer, with respect 

 to the Moray Firth Case, it was stated that, according 

 to the view of the Foreign Office, the Admiralty, the Co- 

 lonial Office, the Board of Trade and the Board of Agri- 

 culture and Fisheries, the term "territorial waters" was 

 deemed to include waters extending from the coast line 

 of any part of the territory of a State to three miles from 

 the low- water mark of such coast line and the waters of all 

 bays, the entrance to which is not more than six miles, 

 and of which the entire land boundary forms part of the 

 territory of the same state. (PiTT COBBETT Cases and 

 Opinions on International Law, Vol. 1, p. 143). 



Is there a contradiction between these six miles and 

 the ten miles of the treaties just referred to? Not at all. 



