362 APPENDIX TO BRITISH CASE. 



land and the islands referred to, including the entire circuit of Nova 

 Scotia on the Bay of Fundy. 



These expressions are continued in the same manner in the treaty 

 of 1783. The United States are there allowed to take fish in the Gulf 

 of St. Lawrence, "on the coast of Newfoundland," and also "on the 

 coasts, bays, and creeks of all other of his Britannic Majesty's domin- 

 ions in America." 



Again, in the preamble to the treaty of 1818, which we are now 

 considering, it is said to have been caused by differences as to the 

 liberty claimed to take fish on certain coasts, bays, harbors, and creeks 

 of his Britannic Majesty's dominions in America, and by the treaty 

 provision is made as to the fisheries on the coasts of Newfoundland, 

 and on " the coasts, bays, harbors, and creeks from Mount Joly, on the 

 southern coast of Labrador, to and through the straits of Belle Isle, 

 and thence northwardly indefinitely along the coast; " and then fol- 

 lows the renunciation of the right before enjoyed by the United 

 States " to take, dry, or cure fish on or within three marine miles of 

 any of l the coasts ,' bays, creeks, or harbors of his Majesty's dominions 

 in America." 



It seems to me undeniable that the term coasts in all these treaties 

 was well defined and known. The outlet of the St. Lawrence is 

 equally well known by the term Bay or Gulf. The shores on that 

 bay or gulf, and on the islands within it, are uniformly spoken of 

 as " coasts "; and the same mode of designating the shores along this 

 entire country is used in all these treaties in reference to the various 

 waters where fisheries were carried on. 



" The coasts " named in these treaties were not only the coasts of 

 the Bay or Gulf of St. Lawrence, and of the island of Cape Breton, 

 but extended from the head of the Bay of Fundy along the bay en- 

 tirely around Nova Scotia to the Gulf or Bay of St. Lawrence. 



There never had been any misunderstanding as to the application 

 of this term, or denial of the right to fish on these coasts, as I have 

 named them, under all these treaties down to 1818. The term 

 " coasts," as applied to Nova Scotia during this long period, was as 

 well known and understood as the term " coasts " applied to England 

 or Ireland, and it included the coasts on the Bay of Fundy as fully 

 and certainly as the term coasts of England applies to the coasts of 

 the English Channel. It was a fixed locality, known and established, 

 and the right of taking fish had always been " enjoyed there." 



When, therefore, the treaty of 1818 " renounced the liberty, ' here- 

 tofore enjoyed,' of taking fish within three marine miles of any of 

 the coasts, bays, creeks, &c., of his Britannic Majesty's dominions," 

 the renunciation was, for this distance from a fixed locality, as fully 

 settled and established as language, accompanied by a long and un- 

 interrupted usage, could make it. 



4 ' The coasts" named .are those of 1783, and of prior treaties, and 

 the renunciation of three miles was to be reckoned from these coasts. 

 The Bay of Fundy was therefore not excluded from the fishing 

 grounds of the United States. I am not aware of any reply to the 

 points here taken that I think can at all invalidate them. 



From the papers filed in the case, it appears that in 1841 the prov- 

 ince of Nova Scotia caused a case stated to be drawn up and for- 

 warded to England, with certain questions to be proposed to the law- 

 officers of the crown. 



