366 APPENDIX TO BRITISH CASE. 



Fundy is in the United States, and ships bound to Passamaquoddy 

 must sail through a large space of it. The islands of Grand Menan 

 (British) and Little Menan (American) are situated nearly on a line 

 from headland to headland. These islands, as represented in all 

 geographies, are situated in the Atlantic ocean. The conclusion is, 

 therefore, in my mind irresistible, that the Bay of Fundy is not a 

 British bay, nor a bay within the meaning of the word, as used in 

 treaties of 1783 and 1818. 



The owners of the Washington, or their legal representatives, are 

 therefore entitled to compensation, and are hereby awarded not the 

 amount of their claim, which is excessive, but the sum of three 

 thousand dollars, due on the 15th of January, 1855. 



No. 134. 1858, April 8: Extract from Awards of Mr. Gray ap- 

 pointed in pursuance of the Treaty of o June, 1854- a 



******* 



I come now to the second division, namely: The Miramichi and 

 Buctouche, being admitted to be rivers, which of the lines pointed out 

 by the Commissioners shall respectively designate the mouths of those 

 rivers ? 



THE MIRAMICHI. 



I, the Undersigned, Arbitrator, or Umpire, under the Reciprocity 

 Treaty, concluded and signed at Washington, on the 5th day of 

 June, 1854, have proceeded to, and examined, the mouth 

 218 of the Miramichi, in the Province of New Brunswick, concern- 

 ing which a difference of opinion had arisen between Her 

 Britannic Majesty's Commissioner, and the Commissioner of the 

 United States, as disclosed in Record, No. 2, of their proceedings, 

 declare as follows. 



With reference to the Miramichi, it will be seen by Record, No. 

 2: "Her Majesty's Commissioner claims, that a line connecting 

 Fox and Portage Islands, (marked in red, plan No. 2, Record Book 

 No. 2), designates the mouth of the Miramichi River. The United 

 States Commissioner claims, that a line from Spit Point to Moody 

 Point, (marked in blue, plan No. 2, Record Book No. 2), designates 

 the mouth of said river." 



By the Treaty it is provided, that " the above mentioned liberty 

 applies solely to the sea fishery; and that the salmon, and shad 

 fisheries, and all fisheries in rivers, and the mouths of rivers, are 

 reserved exclusively," &c., &c. 



The preceding portion of Article 1st, gives the right to fish 

 " on the sea coasts and shores, and in the bays, harbours and creeks." 



The inner Bay of the Miramichi, and the Harbour of Buctouche, 

 are, among other grounds, claimed as coming within the definition 

 of " bays and harbours," and it has been urged, that the clause just 

 referred to, is conclusive in favour of that claim, whether such bay 

 or harbour, does, or does not, constitute the mouth of a river. 



a Mr. Perley was the British Commissioner, Mr. Hubbard was the United 

 States Commissioner, and Mr. Gray was the Umpire. 



