239 



Bay of Fundy. The vessels of the United States have a general right 

 to approach all the bays in her Majesty's colonial dominions, within 

 any distance not less than three miles — a privilege from the enjoyment 

 of which they will be wholly excluded — in this part of the coast, if the 

 broad arm of the sea which flows up between New Brunswick and 

 Nova Scotia is itself to be considered one of the forbidden bays. 



"Lastly — and this consideration seems to put the matter beyond 

 doubt — the construction set up by her Majesty's colonial authorities, 

 would altogether nullify another, and that a most important stipulation 

 of the treaty, about which there is no controversy, viz : the privilege 

 reserved to American fishing vessels of taking shelter and repairing 

 damages in the bays within which they are forbidden to fish. There 

 is, of course, no shelter nor means of repairing damages for a vessel 

 entering the Bay of Fund}'', in itself considered. It is necessary, before 

 reliefer succor of any kind can be had, to traverse that broad arm of 

 the sea and reach the bays and harbors, properly so called, which in- 

 dent the coast, and which are no doubt the bays and harbors referred 

 to in the convention of 1818. The privilege of entering the latter in 

 extremity of weather, reserved by the treaty, is of the utmost import- 

 ance. It enables the fisherman, whose equipage is always very slender, 

 (that of the Washington was four men all told,) to pursue his laborious 

 occupation with comparative safety, in the assurance that in one of the 

 sudden and dangerous changes of weather so frequent and so terrible 

 on this iron-bound coast, he can take shelter in a neighboring and friendly 

 port. To forbid him to approach within thirty miles of that port, ex- 

 cept for shelter in extremity of weather, is to forbid him to resort there 

 for that purpose. It is keeping him at such a distance at sea as wholly 

 to destroy the value of the privilege expressly reserved. 



"In fact it would follow, if the construction contended for by the Brit- 

 ish colonial authorities were sustained, that two entirely different limit- 

 ations would exist in reference to the right of shelter reserved to Amer- 

 ican vessels on the shores of her Majesty's colonial possessions. They 

 would be allowed to fish within three miles of the place of shelter along 

 the greater part of the coast ; while in reference to the entire extent of 

 shore within the Bay of Fundy, they would be wholly prohibited from 

 fishing along the coast, and would be kept at a distance of twenty or 

 thirty miles from any place of refuge in case of extremity. There are 

 certainly no obvious principles which render such a construction prob- 

 able. 



" The undersigned flatters himself that these considerations will go 

 far to satisfy Lord Aberdeen of the correctness of the American under- 

 standing of the words ' Bay of Fundy,' arguing on the terms of the 

 treaties of 1783 and 1818. When it is admitted that, as the under- 

 signed is advised, there has been no attempt till late years to give them 

 any other construction than that for which the American government 

 now contends, the point would seem to be placed beyond doubt. 



" Meantime Lord Aberdeen will allow that this is a question, however 

 doubtful, to be settled exclusively by her Majesty's government and 

 that of the United States. No disposition has been evinced by the lat- 

 ter to anticipate the decision of the question; and the undersigned must 

 again represent it to the Earl of Aberdeen as a matter of just complaint 



