1282 NORTH ATLANTIC COAST FISHEBIES ARBITBATION. 



Mr. Everett takes the position, as I understand him, that the exclu- 

 sion of the treaty is from all bays, and he affixes no limit to their size. 

 But he says Americans have a general right to approach all the 

 773 bays within a distance of not less than 3 miles, and he points 

 out that they cannot do that unless they go into the Bay of 

 Fundy, and so reach the limit of exclusion in connection with those 

 inner bays. But Mr. Everett does not indicate that these inner bays 

 must be less than 6 miles in order that Americans may be excluded 

 from them. His point is that, no matter what their size, Americans 

 may go down the Bay of Fundy until they reach a point 3 miles from 

 any of these inner bays. They may go no further. 



Now, Sirs, there are five bays within the Bay of Fundy that are 

 larger than 6 miles. Mr. Everett says nothing as to that. He seems 

 to agree that the American fishermen cannot go within 3 miles of 

 those inner bays. 



Of course he was wrong in saying that there was an affirmative 

 right in the treaty of 1818 to go within 3 miles of all the bays. It is 

 not an affirmative right to go within 3 miles of the bays, but it is an 

 exclusion of 3 miles from all the bays, and therefore from the outer 

 as well as the inner bays. That is very well pointed out in the report 

 of the Attorney-General of Nova Scotia, which will be found at p. 

 137 of the British Case Appendix. And it will be observed that Mr. 

 Everett's reasoning does not at all affect what he had previously 

 said that it is reasonable that the bays should be included in the 

 general line of the coast. 



Now I shall read the paragraph that Mr. Warren referred to as 

 throwing light upon what Mr. Everett meant. It is at the foot of 

 p. 134: 



" 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 controversy, 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. The privilege of 

 entering the latter in extremity of weather, reserved by the treaty, is 

 of the utmost importance." 



Now, the inside bays, as shown upon the chart presented to the 

 Tribunal by the United States, are as follows: St. John Bay, 7 

 miles; Maces Bay, 8 miles; St. Mary's Bay, 11 miles; Chignecto Bay, 

 14 miles; and Minas Basin, 12 miles. These are about all the bays 



