226 APPENDIX TO BRITISH CASE. 



133 the British authorities for fishing in the Bay of Fundy. where 

 Mr. Everett affirms that, by the treaty, American vessels have 

 a right to fish, provided they are at a greater distance than three 

 marine miles from the coast. 



Mr. Everett, in submitting this case, does not cite the words of the 

 treaty, but states in general terms that, by the first article of said 

 treaty the United States renounce any liberty heretofore enjoyed or 

 claimed by their inhabitants to take, dry, or cure fish on or within 

 three miles of any of the coasts of her Majesty's dominions in Amer- 

 ica. Upon reference, however, to the words of the treaty, it will be 

 seen that American vessels have no right to fish, and indeed are 

 expressly debarred from fishing in any bay on the coast of Nova 

 Scotia. 



The words of the treaty of October, 1818, article 1. run thus: "And 

 the United States hereby renounce forever any liberty heretofore 

 enjoyed or claimed by the inhabitants thereof, to take, dry, or cure 

 fish, on or within three marine miles of any of the coasts, ~bays, 

 creeks or harbours of his Britannic Majesty's dominions in America, 

 not included within the abovementioned limits, [that is, Newfound- 

 land, Labrador, and other parts separate from Nova Scotia :] pro,- 

 vided, however, that the American fishermen shall be admitted to 

 enter such bays or harbors for the purpose of shelter," &c. 



It is thus clearly provided that American fishermen shall not take 

 fish within three marine miles of any bay of Nova Scotia, &c. If 

 the treaty was intended to stipulate simply that American fishermen 

 should not take fish within three miles of the coast of Nova Scotia, 

 c., there was no occasion for using the word "5ay" at all. But the 

 proviso at the end of the article shows that the word "bay" was used 

 designedly ; for it is expressly stated in that proviso, that under cer- 

 tain circumstances the American fisherman may enter bays, by which 

 it is evidently meant that they may, under those circumstances, pass 

 the sea-line which forms the entrance of the bay. The undersigned 

 apprehends that this construction will be admitted by Mr. Everett. 



That the Washington was found fishing within the Bay of Fundy 

 is, the undersigned believes, an admitted fact, and she w r as seized 

 accordingly. 



The undersigned requests Mr. Everett to accept the assurances of 

 his high consideration. 



ABERDEEN. 

 EDWARD EVERETT, Esq. 



No. 78. 1844, May 25: Letter from Mr. Everett to Lord Aberdeen. 



GROSVENOR PLACE, May 25, 1844- 



The undersigned, Envoy Extraordinary and Minister Plenipo- 

 tentiary of the United States of America, had the honor duly to 

 receive the note of the 15th of April, addressed to him by the Earl 

 of Aberdeen, her Majesty's principal Secretary of State for Foreign 

 Affairs, in reply to the note of the undersigned of the 10th of August 

 last, relative to the seizure of the American vessel, the Washington, 

 for having been found fishing within the limits of the Bay of Fundy. 

 The note of the undersigned, of the 10th of August last, although 

 its immediate occasion was the seizure of the Washington, contained 



