PERIOD FROM 1836 TO 1854. 481 



southwestern -most point of Xova Scotia to the termination of the 

 northeastern boundary between the United States and New Bruns- 

 wick, and to consider the arms of the sea which will thus be cut off, 

 and which cannot, on that line be less than sixty miles wide, as one 

 of the bays on the coast from which American vessels are excluded. 

 By this interpretation the fishermen of the United States would be 

 shut out from the waters distant, not three, but thirty miles from any 

 part of the colonial coast. The undersigned cannot perceive that 

 any assignable object of the restriction imposed by the convention 

 of 1818 on the fishing privilege accorded to the citizens of the United 

 States by the treaty or 1783 requires such a latitude of construction. 



It is obvious that (by the terms of the treaty) the furthest distance 

 to which fishing vessels of the United States are obliged to hold them- 

 selves from the colonial coasts and bays, is three miles. But, owing 

 to the peculiar configuration of these coasts, there is a succession of 

 bays indenting the shores both of New Brunswick and Xova Scotia, 

 within the Bay of Fundy. The vessels of the United States have a 

 general right to approach all the bays in her Majesty's colonial do- 

 minions, 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 Xova 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 stipu- 

 lation 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 Fundy, in itself considered. It is 

 necessary, before relief or succor of any kind can be had, to traverse 

 that broad arm of the sea and reach the bays and harbors, properly 

 -i) railed, which indent 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 importance. It enables the fishermen, whose equipage 

 is always very slender (that of the Washington was four men all 

 told) to pursue his laborious occupation with comparative safety. 

 in tie- assurance that in one of the sudden and dangerous changes or 

 weather BO frequent and so terrible on this iron bound coast, lie can 

 take shelter in i neighboring and friendly port. To forbid him to ap- 

 proach within thirty miles of that port, except for shelter in ex- 

 tremity of weather, is to forbid him to resorl there for thai purpose. 

 It is keeping him ;it such :i distance at sea ms wholly to destroy the 

 value of the privilege expressly re erved. 



Tn fact it. would follow, if the construction contended for by the 

 I'ritish colonial authorities were sustained, that two entirely different 

 limitations would exist in reference to the right of shelter reserved 

 to American vessels on the shores of her Majesty's colonial posses- 

 ions. 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 fi-hing along the coast, and would be kept 



