DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 229 



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 conven- 

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

 United States by the treaty of 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 

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

 owing to the peculiar configuration of these coasts, there is a succes- 

 sion of bays indenting the shores both of New Brunswick and Nova 

 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 

 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 stipula- 

 tion 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 for- 

 bidden to fish. There is, of course, no shelter nor means of re- 

 pairing 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 so called, which indent the coast, and which 

 135 are no doubt the bays and harbors referred to in the con- 

 vention of 1818. The privilege of entering the latter in ex- 

 tremity of weather, reserved by the treat}^, is of the utmost impor- 

 tance. It enables the fishermen, whose equipage is always very slen- 

 der (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 

 neighbouring and friendly port. To forbid him to approach within 

 thirty miles of that port, except 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 privi- 

 lege expressly reserved. 



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

 British 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- 

 sions. 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 



