1264 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



3 miles from the sinuosities of the shore ; and that, of course, is quite 

 opposite to what the United States now says. 



But this is important I think very important that this letter of 

 Mr. Rush's furnishes us with indubitable evidence that if Mr. Rush, 

 one of the draftsmen of the 1818 treaty, was going to speak of all 

 those coast indentations big and little he would use the word- 

 " bays." In his letter, he is naturally on his guard, but in it he uses 

 the word as including all the indentations. In fact, he cannot help it. 

 Mr. Warren could not help it. He corrected himself two or three 

 times, when he used the word " bays," and brought in, as the United 

 States Argument does, "bodies of water." But it is impossible to 

 get along without using the word " bays," in the sense in which we 

 use it ; and so Mr. Rush, in various places I shall only refer to three 

 or four in the very opening of his letter uses the word "bays" in 

 the sense in which we use it that is as including all the indentations. 

 In the second paragraph he says : 



" Your letter gives me to understand, that for more than twenty 

 years after the conclusion of this convention, there was no seri- 

 762 ous attempt to exclude our fishermen from the large bays on that 

 coast ; but that about ten years ago, at the instance of the Pro- 

 vincial authorities, the Home government in England, gave a consti- 

 tution "- 



Gave a " construction," it means 



"to the first article which closes all bays, whatever be their extent, 

 against our citizens for fishing purposes; and that although they 

 have been permitted to fish in the bay of Fundy as matter of favor, 

 the Home government denies their right to fish there, or in any of the 

 other large bays. 



" On the other hand you inform me, that our construction of the 

 convention is, that American fishermen have a right to resort to any 

 bay and take fish in it," 



It was, I submit, in the same sense that he used the word " bays " in 

 the treaty. He was one of the draftsmen of that treaty. That is what 

 he meant. That is what he means here, and in other places. At the 

 foot of p. 550, and in other places, at p. 554 and so on, he uses the 

 word " bays " in the same sense. 



I say it is almost impossible to discuss this question without using 

 the word " bays " in that sense. It will be found that Mr. Marcy used 

 the word " bays " with the same signification in the middel of the 

 first paragraph on that same page (p. 549 of the Appendix to the 

 Case of the United States) : 



" but about ten years ago, at the instance of the provincial authorities, 

 the home Government gave a construction to the 1st Article which 

 closes all bays, whatever be their extent, against our citizens for 

 fishing purposes." 



