364 APPENDIX TO BKITISH CASE, 



Hornby, British Commissioner:" 



An opinion was delivered by Hornby, conflicting with the views and 

 conclusion of the United States Commissioner, and sustaining the 

 position taken by his government, on the ground that Great Britain, 

 by virtue of her ownership of both shores of the Bay of Fundy, had 

 exclusive jurisdiction over the waters of the bay, by virtue of the law 

 of nations, applicable to such sheets of water, and cited various claims 

 that had been put forth to a similar jurisdiction. 



He also held that the provision in the treaty by which the United 

 States " renounced the liberty previously enjoyed, to take, dry or cure 

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

 or harbors of his Britannic Majesty's dominions in North America," 

 excluded by its terms, and by a just construction of the treaty, fish- 

 eries of the United States citizens in the Bay of Fundy. 



Bates, Umpire: 



The schooner Washington was seized by the revenue schooner Julia, 

 Captain Darby, while fishing in the Bay of Fundy, ten miles from 

 the shore, on the 10th of May, 1843, on the charge of violating the 

 treaty of 1818. She was carried to Yarmouth, Nova Scotia, and 

 there decreed to be forfeited to the crown by the judge of the vice- 

 admiralty court, and, with her stores, ordered to be sold. The owners 

 of the Washington claim for the value of the vessel and appur- 

 tenances, outfits and damages, $2,483, and for eleven years' interest, 

 $1,638, amounting together to $4,121. By the recent reciprocity 

 treaty, happily concluded between the United States and Great 

 Britain, there seems no chance for any future disputes in regard to 

 the fisheries. It is to be regretted that, in that treaty, provision was 

 not made for settling a few small claims of no importance in a 

 pecuniary sense, which were then existing; but as they have not been 

 settled, they are now brought before this commission. 



The Washington fishing schooner was seized, as before stated, in 

 the Bay of Fundy, ten miles from the shore, off Annapolis, Nova 

 Scotia. 



It will be seen by the treaty of 1^83 between Great Britain and 

 the United States, that the citizens of the latter, in common with the 

 subjects of the former, enjoyed the right to take and cure fish on 

 the shores of all parts of her Majesty's dominions in America, used 

 by British fishermen ; but not to dry fish on the island of Newfound- 

 land, which latter privilege was confined to the shores of Nova 

 Scotia, in the following words: "And American fishermen 

 217 shall have liberty to dry and cure fish on any of the unsettled 

 bays, harbors, and creeks of Nova Scotia ; but as soon as said 

 shores shall become settled, it shall not be lawful to dry or cure fish 

 at such settlement, without a previous agreement for that purpose 

 with the inhabitants, proprietors, or possessors of the ground." 



The treaty of 1818 contains the following stipulations in relation to 

 the fishery: " Whereas differences have arisen respecting the liberty 

 claimed by the United States to take, dry, and cure fish on certain 



The opinion of the British commissioner in this, and pome other cases, was 

 to have been drawn up at length, and furnished, to be pl.;-td on file. It is to be 

 regretted that these opinions have not been received, and that, after this length 

 of time, they probably will not be. 



