ABGUMENT OF CHARLES B. W ARREST. 1171 



Mr. Everett, I will read, in the middle of that page, the following 



passage : 



" Lastly and this consideration seems to put the matter beyond 

 doubt the construction set up by her Majesty's colonial authorities, 

 would altogether nullify another, and that a most important stipula- 

 tion of the treaty, about which there is no controversj', viz.: the 

 privilege reserved to American fishing vessels of taking shelter and 

 repairing damages in the bays within which they are forbidden to 

 fish. There is, of course, no shelter nor means of repairing damages 

 for a vessel entering the Bay of Fundy, in itself considered. It is 

 necessary, before relief or succor of any kind can be had to traverse 

 that broad arm of the sea and reach the bays and harbors, properly 

 so called, which indent the coast, and which are no doubt the bays and 

 harbors referred to in the convention of 1818." 



As a result of the notes and interviews between Mr. Everett and 

 Lord Aberdeen, Lord Aberdeen informed Mr. Everett, as appears on 

 p. 489 of the Appendix to the Case of the United States, under date 

 the 10th March, 1845, that the Government of Great Britain had 

 decided to relax the construction of the treaty in favour of the United 

 States fishermen as to the Bay of Fundy, which was the particular 

 body of water at that time under consideration, and in fact the only 

 waters then directly involved in the dispute. 



I shall not stop to read that entire note from Lord Aberdeen to 

 Mr. Everett, but I desire, if the Tribunal please, to read this passage 

 at the bottom of p. 489 : 



" The undersigned has accordingly much pleasure in announcing to 

 Mr. Everett, the determination to which her Majesty's government 

 have come to relax in favour of the United States fishermen that 

 right which Great Britain has hitherto exercised, of excluding those 

 fishermen from the British portion of the Bay of Fundy, and they 

 are prepared to direct their colonial authorities to allow henceforward 

 the United States fishermen to pursue their avocations in any part of 

 the Bay of Fundy, provided they do not approach except in the cases 

 specified in the treaty of 1818, within three miles of the entrance of 

 any bay on the coast of Nova Scotia or New Brunswick." 



In this note, the Government of Great Britain conceded that the 

 fishermen of the United States could fish within the waters of the Bay 

 of Fundy, but said that they must not approach within 3 miles of 

 the entrance of any bay on the coast of Nova Scotia or New 

 Brunswick. 



The position of the United States is here occupied by the Govern- 

 ment of Great Britain I am not speaking now by reason of the con- 

 cession of the Bay of Fundy, but I am speaking of the statement con- 

 cerning the bays along the coast of Nova Scotia bordering the Bay 

 of Fundy, and being within the Bay of Fundy itself. 



The fact is very apparent from an examination of the evidence 

 that before this relaxation as to the Bay of Fundy, the Government 

 of Great Britain had decided, or at least it had under consideration 



