" . . . Lakes and forming the northern boundary of Ontario."

39. The Colony of Newfoundland accordingly submits that the Judicial Committee should define as the boundary north of the 52nd degree of north latitude the line of the crest of the watershed, which is the height of land, for the following (among other)—

  (1) Because the expression "coast" at all times material for the purposes of the present inquiry was understood to include and connote the whole area between the sea and the height of land.

  (2) Because the evidence adduced in respect of the crucial years 1854 to 1880 (from the proceedings of the Select Committee of the House of Commons of Great Britain inquiring into the affairs of the Hudson's Bay Company, from the maps issued by the Canadian Government and others, and from the correspondence between the Canadian Government and the British Embassy at Washington) is inconsistent with any other conclusion.

  (3) Because in the law of nations at the times material to be considered for the purposes of the present inquiry, the occupation of a "coast" conferred a right to the hinterland as far as the height of land.

  (4) Because Newfoundland and Newfoundland alone between 1763 and 1880 effectively controlled and occupied the area from the coast-line back to the height of land.

  (5) Because the maps between 1763 and 1880 show that according to the general belief and reputation prevailing at all material times, the jurisdiction of the Government of Newfoundland extended as far inland as the height of the land.

  (6) Because no other precise interior boundary had ever been suggested for which definite reasons can be advanced.

[1927lab]