t55 



portion of iho <ic\ Imil boiin livdtoil as lipinf; pnvt of tlin comity was iiiiuoiiiil, niul tliis wiis clearly 

 Lord lliilc's ci|iiuiiiii us lie siiys. iiiiL liiiil a liay iri part ol' a I'lmnly, Imt (inly that it mifcy lie. 



" I'assin-' iViiiu ilic r imniHii law nl' Kni,'laiul to the j,Tni'ial law ol iiatitnis, as iiidiiMtuil by thu toxt 

 ■writoi's ir.i iiiiiTiiaiional jin'isiiriiili'nuc, wi; tiud an imivorsal a;4ivi'iiii'ut that harbmii's, ostiiarios, nnd 

 liays, landlucki'd, lii'lunj; l^i llu' U'liilmy nl' tim iialinn which [mssrssi'-; ilu'. shores iniiiid them, but no 

 n_!4i'iu'in(.'iit as to what is thi' luk' tn dclcriiiinu wliat is ' l)ay ' I'la- ibis imi'pdsc. 



" It sfcnis iji'UL'vally aj,'ivud that wlu'ic tla; conlij^matioii and dliiuMisions of llio bay arc such fts to 

 show t1i.it till' luitiun uwupyiu;^ the adjoiniuij toasts also ocLiipii's the bay, it is |ua't vl' tlie territory; 

 iiiid w ith this idea most ol' the writers (in the subjeet ri'l'er to deleiisibility from the slmru lus the 

 t(>si of (V'.'uiialion ; some siljjgestiiij,', therefoiv, a width of one oauiion shot froiu shore to shore, or 

 three luiK's ; s uiie a cannon slidt from each shore, or six miles; some an arbitrary distance of ten 

 miles. All of these arc rides which, if adopted, would e.'ieiudt! Conception Hay from the territory of 

 Xewfoiindlaiid. but also would have excluded from the territory of (ircat Ibitaiu that [lart of thu 

 Hristol ChaiiiicI wliieli ill I'eLriiia r. ('iiniiiuu'hiim was decid 'd to be in the ciuiiity of (!laiiiory;aii. On 

 tiu^ other hand the diploinalists of thi; Ij'nilcd Stales, in ITH^!, claimed ii territorial jurisdiction over 

 luucli more extensive bays, and Cliaucellor Iveiit in his coinmeiitaries, tlioui;li by no means L,'iviii;; 

 llie weight of his autlioilly to this (daiiu, j,'ives some reasons for not considering; it altogether 

 uiii'( asouable. 



" It docs not appear to their l.on'.ships that Ji;rists and text writers arc agn'cd what are the rules 

 as to dimensions and couligurat ions. \» hidi, apart fnaii other eoiisider,ilii-".s, would lead to the cou- 

 clusiou that a bay is or is not a ]iart of the territory of the Slate jio.ssessinj: the adjoiniii;..; coasts; and 

 it has never, tliat they can iind, been made the gnaiud of any judicial tlctermiuation. If it were 

 necessary in this case to lay down a rule, the ditlieully of the task would not deter their Lordships 

 from attempting to fuliil il. Ibii in ihcir opini'.ai it is no! necessary so to do. It seems to them that; 

 in point of fact, thii lirilish (loveriuiieiit has for a long jieriod exercised dominion over this bay, und 

 that tli('ir claim has liccii aequiescc.l in by other iialious, so as to show that the bay has been for a 

 long time occupied exclusively by I Ircat Britain, a eircunisiance winch in the tribunals of any country 

 Would lie very important. .Vnd, nioivover ^^wllicll in a liritish triininal is concliisivi\ the Briti.sli 

 Legislature has by Acts of I'.irliameiil declared il to iic ]iait of the i'.ritisli territory, aiul jiart of the 

 country made subject to the Li'gislatuve of Xewlbuiidland. 



" To establisli this I'roiiositioii il is not necessary to go farther back than to the o'J (Jeo. Ill, c. 38, 

 passed in ISI'.t, now nearly sixty years ago. 



'■ There was a Convention mad'' in IS 18 lie! ween the United Stales and (ireat Drilaiii, relating to the 

 fisheries of Labrador, Xewfoundlaini. and His .Majt'sty's otlier iiossessious in Xorlii America, by which 

 it was agrec(l that the iisherinen of the United Slates should lijive the right to fish on part of the 

 coa.sts (not including the part of the Island of Newfoundland on which Conception liay lies), nnd 

 •sliouUl not eiittr any ' bays' in any pa.rt of the (.'oasl, cxceiit for tlie purjio.scis of shelter und repairing 

 daniau'cs, and ]iiircliasing woiul, and obiaiiiiiig water, and no oilier purposes whatever. It seems 

 impossible to doubt that this C.nivciilioii a|iplieil to all l.iay;-, whether large or small, on that coast, and 

 eonscpii irly to ('oiice]ilion liay. It is true that the ('onveiui'iii would only bind the two nations 

 who Wi're pari ies to it, and, coiiseipienlly, that though a strong a.ssert ion of ownership ou the part 

 of Cii-eat llril liii, ac(|uiesced in by .so powerful a Slate as the United Stales, the Convcnlion though 

 Mciijhlv is no; de(,'isive." 





Tiic nu-aiiing; of the woivl " bay " hoiiig settled, whal therefore did the Unite 

 States leiiDtiiK'e, wIumi they reiiotmeoil the rii;ht to take lish within three marine 

 miles ofaiiy of the eoasts, bays, harbours, and erecks i* 



It is admilled lluy eoiilil not take (ish within three marine miles of the coast. 

 It has iH;en shown tliiU they could not lish in the bay. Some right or privilege 

 outside the bay is therefore renounced. But how far outside ? The distance is 

 expressly given — three marine miles. 



lint from what point is this distance to be measured. Not from the shore or 

 coast, lor that constniction would render the word "bay" superiluous. If any 

 place within the bay had been intended, the Treaty would have said so. The 

 entrance of the bay nuist liierefore be the point whence the three miles are to be 

 measured. Tiie ei'itranee is ilelined by the line drawn from headland to headlami, 

 und the three miles must be measured seawards from that line which delines and 

 marks the sea liiiiii ol" the li.iys, as a corresponding thir;' miles are to bo measured 

 from the line or boundary of the shore. 



This restriction not to fish within three marine miles of any bay, is of 

 importance in considering the whole argument of the United States. 



The restrictions are, iishing in and within three miles of any bay. They are 

 quite dislinet in sense and wording. That the United States' fishermen might not 

 enter any l)ay for tiie purpose of iisliiiig, is made quite i.istinct by the permission 

 <>iven ti) enter such bays for other speeiiied purposes; and when the further 

 reslrietimi is ailded iiiat lh;y are md to lake lish within llirce marine miles of any 

 bav, tiie eiiiKlusioa i.N ineviial)le thtil by the ('on\entioM of 1.S18, the United States' 

 lisheriiKMi woie exeluded iVoin fishing witiiin three marine miles of the entrance of 

 or line drawn across from the headlands which form the bay. 



