QUESTION FIVE. 81 



of the sea, being commonly called the Bay of Fundy, though not in 

 reality possessing all the characters usually implied by the 



92 term " bay," has of late years been claimed by the provincial 

 authorities of Nova Scotia to be included among " the coasts, 



bays, creeks and harbours " forbidden to American fishermen. 



An examination of the map is sufficient to show the doubtful nature 

 of this construction. It was notoriously the object of the article of 

 the treaty in question to put an end to the difficulties which had 

 grown out of the operations of the fishermen from the United States 

 along the coasts and upon the shores of the settled portions of the 

 country, and for that purpose to remove their vessels to a distance 

 not exceeding three miles from the same. In estimating this dis- 

 tance, the undersigned admits it to be the intent of the treaty, as it is 

 itself reasonable, to have regard to the general line of the coast; and 

 to consider its bays, creeks, and harbours (that is, the indentations 

 usually so accounted) as included within that line. But the under- 

 signed cannot admit it to be reasonable, instead of thus following 

 the general direction of the coast, to draw a line from the south- 

 western-most point of Nova Scotia to the termination of the north- 

 eastern boundary between the United States and New Brunswick, 

 and to consider the arm 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 vess.els are excluded. By 

 this interpretation the fishermen of the United States would be shut 

 out from waters distant, not three, but thirty miles from any part of 

 the colonial coast. 



After some argument, Mr. Everett added (App., p. 135) : 



The undersigned flatters himself that these considerations will go 

 far to satisfy Lord Aberdeen of the correctness of the American 

 understanding of the words " Bay of Fundy," arguing on the terms 

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

 undersigned 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 Gov- 

 ernment and that of the United States. 



In this letter the United States appears to take up a fresh position: 

 while it is admitted that bays must be treated as included within the 

 general line of coasts from which the 3 miles is to be measured, an 

 attempt is made to treat the Bay of Fundy as exceptional. 



BAY OF FUNDY CONCEDED, 1845. 



Lord Aberdeen referred the question as to the Bay of Fundy to 



the Governor of Nova Scotia, and received a reply (17th September, 



1844) in which the Governor (Lord Falkland) after discussing 



93 the objection to making any concession even in regard to the 

 Bay of Fundy. said (App., p. 136) : 



When, however, I perceive that Mr. Everett, in his note of the 25th 

 May, 1844, addressed to Lord Aberdeen, admits that (in estimating 



