AEGUMENT OP JOHN S. EWART. 1285 



administration that brought about a repudiation of Mr. Everett's ad- 

 mission, and a revival of the old " fishermen's theory." 



I pointed out on Tuesday how very clear and very formal was the 

 admission which Mr. Everett made in 1845. I should like, Sirs, to be 

 able to hold the United States to that admission. 



Lord Aberdeen's concession of the Bay of Fundy was not em- 

 bodied in any treaty or in any contract; it was a ourelv voluntary 

 concession. We claimed, and I believe rightly claimed, the Bay of 

 Fundy. I think one has but to look at the map to see that the Bay of 

 Fundy, north-east of the international boundary, is a British bay. 

 In point of fact, we received no consideration whatever for the con- 

 cession of the Bay of Fundy, and that concession might be repudi- 

 ated at any moment, for it is contained in nothing but a letter from 

 Lord Aberdeen announcing British policy. But, Sirs, that conces- 

 sion has remained, and it will remain. 



I should like, however, as I say, to hold the United States to the 

 admission which actuated that concession : first, because we acted upon 

 it, and on account of it gave up the fisheries in the Bay of Fundy, a 

 bay that in itself was of larger value to the United States fishermen 

 than very many others of the bays combined; secondly, be- 

 775 cause it was the deliberate admission of an able man, Mr. 

 Everett, who had considered the matter fully, and who was 

 perfectly aware of the effect of the admission which he was making; 

 thirdly, because the admission received the formal ratification of the 

 President of the United States; and fourthly, and principally, be- 

 cause, as I believe, the admission was necessitated by the engagements 

 of the United States contained in the treat}" of 1818, and was there- 

 fore an admission to which we were rightly entitled an admission, 

 as I submit, to which we are rightly entitled to-day. 



Proceeding now with the relation of the facts. Having given to the 

 Tribunal Mr. Everett's admission, and Governor Falkland's answer 

 to the inquiry as to the advisability of surrendering the fisheries in 

 the Bay of Fundy, I pass to the letter of Lord Aberdeen to Mr. 

 Everett announcing the opening of the fisheries (British Case Appen- 

 dix, at p. 141, second paragraph, second sentence in the paragraph) : 



" The undersigned will confine himself to stating that after the 

 most deliberate reconsideration of the subject, and with every desire 

 to do full justice to the United States, and to view the claims put for- 

 ward on behalf of United States' citizens in the most favorable light, 

 Her Majesty's Government are nevertheless still constrained to deny 

 the right of United States' citizens, under the Treaty of 1818, to fish 

 in that part of the Bay of Fundy which, from its geographical posi- 

 tion, may properly be considered as included within the British pos- 

 sessions." 



SIR CHARLES FITZPATRICK : Would you indicate that on the map ? 



