294 FISHERIES ARBITRATION AT THE HAGUE 



world, and which had a great navy going out on to every sea. And 

 the statement was a declaration of the same policy which was 

 exhibited by Great Britain in refraining from making any claim to 

 territorial jurisdiction over these Canadian bays generally. It was 

 the same pohcy which was exhibited by Great Britain in refusing 

 to accept the proposal of the United States to include chambers 

 within headlands in the maritime jurisdiction in 1806, and to pass 

 the territorial zone outside of the line drawn from headland to head- 

 land. It was the same policy which led Great Britain to refrain 

 always, during all these discussions, from ever asserting that the 

 fishermen of the United States were to be excluded from these bays 

 because they were territorial waters, or within the maritime juris- 

 diction of Great Britain, and to stand always narrowly upon the 

 construction of the renunciation clause. 



There was a subsequent reference to this subject in the course 

 of the same debate which is contained in a pamphlet that has already 

 been brought to the attention of the Tribunal, containing the report 

 of the debate for Wednesday, the nth November, 1907. In that 

 Lord Fitzmaurice explained that in particular places, where what 

 may be called the facts of nature have made difficulties in applying 

 that principle, there are some slight modifications in practice. 

 This does not affect the general principle or the general policy 

 which was stated. It is in strict accordance with the proposal 

 I started with, that in each case where the necessities of protection 

 make the possession of a particular sheet of water seem to a nation 

 desirable and necessary, she may assert the particular circimistances 

 which make it reasonable that she should appropriate to herself 

 that particular place. 



That is quite a different thing, you will perceive, from a general 

 principle that bays indenting the coasts of a coimtry are to be 

 regarded as being within the jurisdiction of the country, because 

 they are indentations running into the territory between headlands. 



That special principle would apply to the Bay of Miramichi 

 and the Bay of Chaleur, if the significance is to be ascribed to these 

 local statutes which my learned friends on the other side ascribe 

 to them. That is the assertion of particular reasons for appro- 

 priating and asserting jurisdiction, prescribing, and claiming, in 

 the particular case, the right of sovereignty over a particular area 



