DESPATCHES, REPORTS, CORRESPONDENCE, ETC. 865 



coasts, bays, harbors, and creeks of his Britannic Majesty's dominions 

 in America, it is agreed that the inhabitants of the United States shall 

 have, in common with the subjects of his Britannic Majesty, the right 

 to fish on certain portions of the southern, western, and northern coast 

 of Newfoundland; and, also, 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 

 (he coast, and that American fishermen shall have liberty to dry and 

 cure fish in any of the unsettled bays, harbors, and creeks of said 

 described coasts, until the same become settled, and the United States 

 renounce the 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 harbors of his Britannic Majesty's 

 dominions in America not included in the above-mentioned limits: 

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

 enter such bays or harbors, for the purpose of shelter, and of repair- 

 ing damages therein, of purchasing wood, and of obtaining water, 

 a lid for no other purpose whatever. But they shall be under such 

 restrictions as may be necessary to prevent their taking, drving, or 

 curing fish therein, or in any other manner whatever abusing the 

 privileges hereby reserved for them." 



The question turns, so far as relates to the treaty stipulations, on 

 the meaning given to the word "bays," in the treaty of 1783. By 

 that treaty the Americans had no right to dry and cure fish on the 

 shores and bays of Newfoundland; but they had that right on the 

 coasts, bays, harbors, and creeks of Nova Scotia; and as they must 

 land to cure fish on the shores, bays, and creeks, they were evidently 

 admitted to the shores of the bays, &c. By the treaty of 1818 the 

 same right is granted to cure fish on the coasts, bays, &c., of New- 

 foundland; but the Americans relinquished that right, and the right 

 to fish within three miles of the coasts, bays, &c., of Noua Scotia. 

 Taking it for granted that the framers of the treaty intended that the 

 words " bay or bays " should have the same meaning in all cases, and 

 no mention being made of headlands, there appears no doubt that the 

 Washington, in fishing ten miles from the shore, violated no stipu- 

 lations of the treaty. 



It was urged on behalf of the British government, that by coasts, 

 bays. c.. is understood an imaginary line, drawn along the coast from 

 headland to headland, and that the jurisdiction of her Majesty ex- 

 tends three marine miles outside of this line; thus closing all the bays 

 on the coast or shore, and that great body of water called the Bay of 

 Fundy against Americans and others, making the latter a British 

 bay. This doctrine of the headlands is new, and has received a 

 proper limit in the convention between France and Great Britain of 

 2d of August, 1839, in which H it is agreed that the distance of three 

 miles fixed as the general limit for the exclusive right of fishery upon 

 the coasts of the two countries shall, with respect to bays, the mouths 

 of which do not exceed ten miles in width, be measured from a 

 straight line drawn from headland to headland." 



The Bay of Fundy is from 65 to 75 miles wide, and 130 to 140 miles 

 long; it has several bays on its coast: thus the word bay, as applied 

 to this great body of water, has the same meaning as that applied to 

 the Bay of Biscay, the Bay of Bengal, over which no nation can have 

 the right to assume sovereignty. One of the headlands of the Bay of 



