^r 



in all bays more than six miles in width, measured in a straight line from headland 

 to headland. 



The privileges accorded by Article XVIII of that Treaty arc, to take fisli 

 \yithin the territorial waters of the British North American Colonies; and the 

 limits of territorial waters have been thus defined by the law of nations. 



It is not, however, to be forgotten that, at the time when the Treaty was framed, 

 the privileges actually enjoyed by American fishermen corrcsnoiHlcd precisolv with 

 the rules of international law as hereinbefore set forth. And it is apparent tliat the 

 present Commission was not constituted as a Tribunal to decide upon grave questions 

 of international law; but simply to estimate what, if anything, is the greater 

 value of the privileges accorded to the citizens of the United States'^by Article XVIII 

 beyond such as they j)revi()uslv practically enjoyed, over and above those accorded 

 to the subjects of Her lAIajcsty by Articles XIX and XXI of the Treaty of 

 Washington. 



It i;i the manifest duty of the Commissioners to proceed upon the basis of tiic 

 slalux existing at the date of the Treaty, no matter what were the claims or 

 pretensions of cither national Government; of still less consequence is it what were 

 tlie claims of Colonial authorities. 



By the orders of the Home Ciovcrnmcnt, before and at the date of the Treaty, 

 the American fishermen were not excluded from nnv bays exceeding six miles in 

 width from headland to headland. All larger bodies' of water were then treated, 

 by the command of Her :Majcsty, like the open sea; and in all such bays the 

 territorial limit was measured along the shore, according to its sinuosities, three 

 miles from low-water mark. The Commissioners are bound to adopt the same 

 view. This position is insisted upon, because of its practical common sense and 

 intrinsic rectitude, and not because any doubt is entertained as to the rules and 

 principles of international law, by which the Honourable Commission ought to be 

 governed. 



DWIGHT FOSTER, 



Agent of the United Statci. 



