of at once taking the ground that the whole body of
water was really in question, the English government
claimed another channel, Rosario Strait, inferior
in some respects, but the one most generally, and
indeed only, used at the time by their vessels.
The importance of this difference of opinion lay chiefly
in the fact, that the Haro gave San Juan and other
small islands, valuable for defensive purposes, to
the United States, while the Rosario left them to England.
Then, after much correspondence, the British government,
as a compromise, offered the middle channel, or Douglas,
which would still retain San Juan. If they had
always adhered to the Douglas—which appears
to answer the conditions of the treaty, since it lies
practically in the middle of the great channel—their
position would have been much stronger than it was
when they came back to the Rosario. The British
representatives at the Washington conference of 1871
suggested the reference of the question to arbitration,
but the United States’ commissioners, aware of
their vantage ground, would consent to no other arrangement
than to leave to the decision of the Emperor of Germany
the question whether the Haro or the Rosario channel
best accorded with the treaty; and the Emperor decided
in favour of the United States. However, with
the possession of Vancouver in its entirety, Canada
can still be grateful; and San Juan is now only remembered
as an episode of skilful American diplomacy. The
same may be said of another acquisition of the republic—insignificant
from the point of view of territorial area, but still
illustrative of the methods which have won all the
great districts we have named —Rouse’s
Point at the outlet of Lake Champlain, “of which
an exact survey would have deprived” the United
States, according to Mr. Schouler in his excellent
history.
During this period the fishery question again assumed
considerable importance. The government at Washington
raised the contention that the three miles’
limit, to which their fishermen could be confined by
the convention of 1818, should follow the sinuosities
of the coasts, including the bays, the object being
to obtain access to the valuable mackerel fisheries
of the Bay of Chaleurs and other waters claimed to
be exclusively within the territorial jurisdiction
of the maritime provinces. The imperial government
sustained the contention of the provinces—a
contention practically supported by American authorities
in the case of the Delaware, Chesapeake, and other
bays on the coast of the United States—that
the three miles’ limit should be measured from
a line drawn from headlands of all bays, harbours
and creeks. In the case of the Bay of Fundy,
however, the imperial government allowed a departure
from this general principle, when it was urged by the
Washington government that one of its headlands was
in the territory of the United States, and that it
was an arm of the sea rather than a bay. The
result was that foreign fishing vessels were only shut
out from the bays on the coasts of Nova Scotia and
New Brunswick within the Bay of Fundy. All these
questions were, however, placed in abeyance by the
reciprocity treaty of 1854 (see p. 96), which lasted
until 1866, when it was repealed by the action of
the United States, in accordance with the provision
bringing it to a conclusion after one year’s
notice from one of the parties interested.