tion that has arisen with respect to Newfoiiiulhind is the 

 vahie of these privileges withiu her territorial limits. Leav- 

 ing Newfouiidlaucl, we come to the lishiiig groiinils much 

 frequented by the Americans for the mackerel, herring and 

 other fisheries. We see the island of Capo Breton, separ- 

 ated from the mainland of Nova Scotia by a narrow strait 

 known as the Gut of Canseau. This passage, whose average 

 l)readth does not exceed two and a half miles, takes us into 

 the Straits of Northumberland, which lie between Nova 

 Scotia and Prince Edward Island. We are now in the (lulf 

 of St. Lawrence ; in the michllc of this gulf are the Magdalen 

 Islands, the home of Canadian fishermen. The coast of New 

 Brunswick, which forms the western boundary of the gulf, is 

 indented by several bays, one of which — the Bay des Cha- 

 leurs, is one of the most prolific fishing grounds of the con- 

 tinent. In this bay, and on the coasts of Cape Breton and 

 Prince Edward Island, the American fishermen during this 

 century have dragged up fish to an enormous value. But 

 leaving the Gulf of St. Lawrence and passing around the 

 southern coast of Nova Scotia we come to the Bay of Fundy, 

 bounded on the north by the province of New Brunswick, 

 and having a small portion of the United States territory 

 opposite to its southern headland. All the valuable fish to 

 be caught in North America frequent this bay and the 

 waters of the Gulf of St. Lawrence. These are the great 

 fishing grounds so long envied by the fishermen of New 

 England. 



Now, it is admitted that the largest quantities of fish are 

 found within three marine miles from the coasts and bays 

 of the maritime provinces. Great Britain has always main- 

 tained that the three rn<irine miles from the coasts, bays and 

 creeks of her possessions 7nnst be meamir'ed from the head- 

 hinds or entrance of such dassex of indents. But this asser- 

 tion of the territorial and maritime jurisdiction of the 

 Dominion of Canada, as a section of the British Empire, is 

 not admitted by the United States, and they have heretofore 

 raised the issue, that the line of demarcation between exclu- 

 sive and common water should not be measured from the 

 headlands of bays, but should tV)llow the shores of those in- 

 dents as if they were sinuosities of the coasts. If their con- 

 tention is founded on some principles of international law, 

 or sustained by authority, then it would be difficult to ex- 

 clude them from the most important fishing grounds of 

 America. Wheaton states the rule as follows: "The mari- 

 time territory of every State extends to the ports, harbors, 

 bays, mouth of rivtu's and adjacent parts of the sea inclos(Ml 

 by headlands belonging to the same State." Chancellor 

 Kent admits that bays like Delaware Bay, which nniy bo 

 compared in many respects to Bay des Chaleurs, is wholly 



