1284 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



The italics in our books are the italics that are in the original. 

 Our friends have acted otherwise. I make no complaint; I merely 

 mention it 



provided it led to no other of a like nature, would not be pro- 

 ductive of injury to Nova Scotia, and might in fairness be granted, 

 other members of the board, among whom is the Attorney General, 

 entertain a strong opinion to the contrary. 



"When however I perceive that Mr. Everett, in his note of the 

 25th May 1844, addressed to Lord Aberdeen admits that (in estimat- 

 ing the distance of three miles from the shore within which Ameri- 

 can fishermen are not permitted to approach) it is 'the intent of the 

 treaty, as it is in itself reasonable to have regard to the general line 

 of the coast and to consider its bays creeks and harbours, that is the 

 indentation so accounted, as included within that line,' which I take 

 to be an acquiescence in the opinion of Messrs. Dodson and Wilde, 

 that the distance within which American fishermen must not ap- 

 proach is three miles from a line drawn from headland to headland, 

 taking the general configuration of the coast; I cannot but conceive 

 that a great portion of what I have contened for, (in my despatch 

 No. 75, date May 8th, 1841, addressed to Lord John Russell) on the 

 part of the province, is conceded, and it is therefore my unreserved 

 opinion, provided always that this interpretation of Mr. Everett's 

 phraseology be correct, that that which is now asked by the Ameri- 

 cans may be granted, without evil consequences, if due care be taken 

 that no further pretensions can hereafter be founded on the con- 

 cession." 



THE PRESIDENT : We shall continue on Thursday at 10 o'clock. 

 [Thereupon, at 4 o'clock p. M., the Tribunal adjourned until Thurs- 

 day, July 14, 1910, at 10 o'clock A. M.] 



TWENTY-FOURTH DAY: THURSDAY, JULY 14, 1910. 



The Tribunal met at 10 o'clock A. M. 



MR. EWART (resuming) : On Tuesday I commenced a detail of the 

 events between 1845 and 1854 for the purpose of showing that Mr. 

 Everett, in 1845, had expressly and in distinct terms admitted the 

 validity of the British contention; that it was because of that ad- 

 mission, although not so communicated to Mr. Everett, that Lord 

 Aberdeen conceded the fisheries in the Bay of Fundy ; that the tacit 

 understanding based upon that admission and concession was acted 

 upon until 1853 ; that in 1852 Mr. Webster also admitted the validity 

 of the British contention ; that this latter admission aroused strong 

 political excitement; that Mr. Webster attempted to quiet the ex- 

 citement, and to obtain access to the fishing ground for American 

 fishermen by combining considerations relating to reciprocal trade 

 with those relating to the fisheries; and that it was a change in the 



