356 APPENDIX TO BKITISH CASE. 



prosecuting complaints of this kind, should there be cause for doing 

 so, they are requested to furnish the Department of State with a copy 

 of the law or regulation which is allegedllnjuriously to affect their 

 rights, or to make an unfair discrimination between the fishermen 

 of the respective countries or with a statement of any supposed 

 grievance in the execution of law or regulation, in order that the 



matter may be arranged by the two Governments. 

 212 You will make this direction know to the masters of such 



fishing vessels as belong to your port, in such manner as you 

 may deem most advisable. 

 C. H. PEASLEE Esqr. 



Collector of Customs Boston, 



No. 133. 1856, August 8: Extracts from C ommisioners* Journal show- 

 ing Awards under the Convention between Her Britannic Majesty 

 and United States of February 8, 1853. a Transmitted to the United 

 States Senate, August 8, 1856. 



SCHOONER WASHINGTON. 

 [Construction to the Treaty of 1818 relative to Fisheries on the Coasts of North America.] 



The clause in said treaty in which the United States renounced 

 the liberty "to take, dry, and cure fish on certain coasts, bays, 

 harbors, and creeks of his Britannic Majesty's dominions of North 

 America," held not to include the Bay of Fundy. 



The Bay of Fundy is held to be an open arm of the sea, so as not 

 to be subject to the exclusive right of Great Britain as to fisheries. 



The schooner Washington, while employed in fishing in the Bay 

 of Fundy, ten miles distant from the shore, was seized by her 

 Britannic Majesty's crusier. and taken to Yarmouth, in Nova Scotia, 

 and condemned, on the ground of being engaged in fishing in British 

 waters, in violation of the provisions of the treaty relative to the 

 fisheries, entered into between the United States and the British 

 government on October 20, 1818. 



Claim of damage was made before the commission, on the ground 

 that the seizure was made in violation of the provisions of that treaty 

 and of the law of nations. 



Thomas, Agent and Counsel for the United States. 



Hannen, Agent and Counsel for Great Britain. 



Upham, United States Commissioner: 



In 1843 the fishing schooner Washington was seized by her Britan- 

 nic Majesty's cruiser when fishing broad, as it is termed, in what is 

 called the Bay of Fundy, ten miles from the shore. 



This seizure was justified on two grounds: 



1. That the Bay of Fundy was an indentation of the sea, extending 

 up into the land, both shores of which belonged to Great Britain, 

 and that for this reason she had, by virtue of the law of nations, the 



Under this Convention, Mr. Hornby was appointed by the British Govern- 

 ment as its Commissioner and Mr. Upham by the United States, Mr. Joshua 

 Bates was agreed upon as Umpire. 



