285 



ants, have a claim for services rendered to the British crown in the 

 original conquest from France. 



If asked how the term " bays" is to be disposed of in the treaty, I 

 answer that it applies to such arms of the sea as on some coasts are 

 called coves and creeks, and was meant to designate all sheets of water 

 which are not six miles wide, and no others. That our ministers acted 

 upon information obtained from persons engaged in the fisheries is cer- 

 tain, for the negotiation was suspended to obtain it; and we may rea- 

 sonably conclude that their infjrmants spoke of these coves or creeJcs 

 by the popular name of bai/s. Any person with a mariner's chart in 

 his hand can observe that on the colonial coasts there is a multitude 

 of " bays," some of which are more, and many less, than six miles 

 wide at their mouths, or outer headlands. In fact, I know of no coast 

 where they are so numerous. To mention all, would occupy more room 

 than can be spared in this report. IMace's, St. Mary's, Barrington, 

 Liverpool, Malaguash, Mahone, Margaret's, Blind, Tenant's, Pennant's, 

 Chisselcook, Musquidoboit, Newton Quoddy, Shoal, Tom Lee's, Nicom- 

 quirque, Nicomtan, and Dover, are a part (though the most considera- 

 ble) between the St. Croix and Cape Canso alone. That it may be 

 fully understood in what sense the word "bay" is used in speaking of 

 inde?itations of the coast at the east, 1 give an example in the case of 

 the Passamaquoddy, which in itself is only a branch-bay of Fundy. 

 In this small branch-bay, then, in common language, are Cipp's, South, 

 East, Rumsey's, Cobscook, Strait, Friar's, Casco, and West Quoddy; 

 and the Passamaquoddy, after being thus minutely divided, takes the 

 name of St. Andrew's bay, northerly and westerly of Eastport. The 

 term " bays" is therefore a word of sufficient significance in the treaty, 

 without embracing bodies of water which are as large as many Euro- 

 pean seas, and which are to be held in America as seas. I claim that 

 our vessels can enter them of right, and fish in them, and can enter 

 and fish in then- branches, where the shore on either hand is more than 

 three miles distant. We renounced the right to fish in the bodies of 

 sea-water which are less than six miles wide at their entrance or 

 mouths, and in no others. That this is the true meaning of the con- 

 vention is apparent from the proviso of the renunciatory clause, which 

 allows our fishermen to enter "s?^cA bays or harbors for the purpose of 

 shelter, and of repairing damages therein, of purchasing wood, and of 

 obtaining water," &c. Now, as every practical man knows that neither 

 of these purposes is or can be accomplished in large open bays, it is 

 certain that while we renounced the right to fish in the small bays, we 

 retained the right to enter them in cases of distress and emergency. 

 The bays relinquished are of a description which allow of anchorage 

 and shelter in stormy weather ; that actually afford safety during the 

 days and weeks which disabled vessels may occupy in repairs ; that 

 have accessible forests, and springs or streams of fresli water. The 

 idea embraced is, that our vessels, in the cases specified, may run into 

 any and every indent of the coast; for the term "purchasing wood" 

 supposes a colonial owner, with a habitation on the shore, of whom fuel 

 can be bought and paid for; and thus includes places which are inhab- 

 ited. Persons who are acquainted with the bold and rocky shores of 

 the large bays of British America — those of Chaleurs and Fundy, for 



