ARGUMENT OF JOHN S. EWART. 1281 



part which I read is on p. 134. It has already been read by Mr. 

 Warren : 



"An examination of the map is sufficient to show the doubtful 

 nature of this construction. It was notoriously the object of the 

 article of the treaty in question to put an end to the difficulties which 

 had grown out of the operations of the fishermen from the United 

 States along the coasts and upon the shores of the settled portions of 

 the country, and for that purpose to remove their vessels to a distance 

 not exceeding three miles from the same." 



The Tribunal will notice the phrase, " three miles from the same." 

 That signifies, of course, 3 miles from the coast. The letter con- 

 tinues : 



" In estimating this distance, the undersigned admits it to be the 

 intent of the treaty, as it is itself reasonable, to have regard to the 

 general line of the coast ; and to consider its bays, creeks and harbors, 

 that is, the indentations usually so accounted, as included within 

 that line." 



Then Mr. Everett proceeded to indicate that he did not think that 

 the principle applied to the Bay of Fundy. That is now immaterial. 

 The important thing is Mr. Everett's acceptance of the principle 

 which the British Government always held, and which it advocates 

 to-day " bays, creeks, and harbors, that is, the indentations usually 

 so accounted." What does that mean ? " Usually so accounted " 

 undoubtedly refers us to the map to common knowledge. The 

 letter continues : 



" But the undersigned cannot admit it to be reasonable, instead of 

 thus following the general directions of the coast, to draw a line from 

 the southwestern-most point of Nova Scotia to the termination of 

 the north eastern boundary between the United States and New 

 Brunswick, and to consider the arms of the sea which will thus be cut 

 off, and which cannot, on that line be less than sixty miles wide, as 

 one of the bays on the coast from which American vessels are 

 excluded." 



Mr. Everett tried to exempt the Bay of Fundy from the operation 

 of the principle. And I wish to call the attention of the Tribunal to 

 the ground which he offered as sufficient for the exclusion of the Bay 

 of Fundy from that principle : 



" It is obvious that (by the terms of the treaty) the furthest distance 

 to which fishing vessels of the United States are obliged to hold them- 

 selves from the colonial coasts and bays, is three miles. But, owing 

 to the peculiar configuration of these coasts, there is a succession of 

 bays indenting the shores both of New Brunswick and Nova Scotia, 

 within the Bay of Fundy. The vessels of the United States have a 



general right to approach all the bays in her Majesty's colonial 

 ominions, within any distance not less than three miles a privilege 

 from the enjoyment of which they will be wholly excluded in this 

 part of the coast, if the broad arm of the sea which flows up between 

 New Brunswick and Nova Scotia, is itself to be considered one of the 

 forbidden bays." 



