within tho teiritoiiiil juiisilictioii of the Unitcil Status, iind 

 thut this jurisdiction extouds for three miles seaward from 

 its h(!adlaiids, Capes May and Heidopeii. The same rule 

 applies to Chesapeake and Massachusetts Bays, which are 

 also inlets of large size. 



Daniel Webster admitted, when the question came under 

 his notice in 1852, that the claim of England to draw a line 

 from headland to lieadlaial, and to capture all American 

 fishermen who might follow their pursuits inside of that line, 

 was well founded, and that " it was undoubtedly an over- 

 sight in the Convention of 1818 to make so large a conces- 

 sion to England. If we look at the tirst article t)f this Con-' 

 vention, we find that tlie United States hereby renounce for- 

 ever any liberty Iteretoforc enjoyed or claimed" hy their jyeople 

 in /iritish vatera. In the Franconian case, whicJi came be- 

 fore the British Courts in 187G, the question involved was 

 whether or not a foreigner commanding a foreign vessel 

 could legally be convicted of manslaughter connuitted whilst 

 sailing by the external coast of England, within three miles 

 from the sliore, in the prosecution of a vo3age from one 

 foreign port to another. The Court, by a majority of seven 

 judges to six, held the conviction bad on the ground that 

 the jurisdicti(^n of the Common Law Courts extended oul}^ 

 to ofi'enses conmiitted within the realm, and that at common 

 law such realm did not extend on the external coasts beyond 

 low water mark. None of the Judges, however, doubted 

 that Parliament had power to extend the laws of the realm 

 to a Z(me of three miles around the outer coast, if it saw tit 

 to do so. The Lord Chief Justice of En<»land, bv whose 

 castuig judgment the conviction was quashed, stated, " If an 

 otl'ense was comndtted " he said, "in a bay, gulf or estuary, 

 inter fauces terra', the common law would deal with it l)e- 

 cause tlu! parts of the sea so circumstanced were held to be 

 within the body of the adjacent county or counties." In 

 another case, which was decided by the Judicial Comnuttee 

 of the Privy Council, in 1877, the cpiestion arose between 

 two telegraph companies, whether Conce])tion Bay in New- 

 foundland (which is rather more than twenty miles wide at 

 iis mouth and runs inland between forty and fifty miles) was 

 within British waters or a part of the high seas. One of the 

 conq>anies laid a cable and buoys within the bay at a dis- 

 tance of more than three miles from the shore, and the rival 

 conq3any contended that the former had iidringed rights 

 granted to them by the Legislature of Newfoundland. The 

 Judicial Committee held that Conception Bay was within 

 territorial dominion of Great Britain. The Canadians claim 

 that all bodies of water or inlets inter fauces terne, being 

 then within the territorial jurisdiction of England and her 

 dependencies, it follows that when the Americans, by the 



