1286 NORTH ATLANTIC COAST FISHERIES ARBITRATION. 



MR. EWART: That would be from Passamaquoddy Bay, all of this 

 part, to the international boundary. (Indicating by means of map 

 on the wall.) 



THE PRESIDENT: Please, Sir, would you indicate on the map the in- 

 ternational boundary? 



MR. EWART : It is not on this map. 



SIR CHARLES FITZPATRICK: It comes out there, between Grand 

 Manan and the State of Maine. 



THE PRESIDENT: Opposite Grand Manan? 



Mr. EWART. Opposite Grand Manan. 



" Her Majesty's Government must still maintain, and in this view 

 they are fortified by high legal authority, that the Bay of Fundy is 

 rightfully claimed by Great Britain as a Bay within the meaning of 

 the treaty of 1818. And they equally maintain the position which 

 was laid down in the note of the undersigned, dated the 15th of 

 April last, that, with regard to the other bays on the British Ameri- 

 can coasts, no United States fisherman has, under that convention, 

 the right to fish within three miles of the entrance of such bays as 

 designated by a line drawn from headland to headland at that en- 

 trance." 



Then continuing at the foot of the page : 



" The undersigned has accordingly much pleasure in announcing 

 to Mr. Everett, the determination to which Her Majesty's Govern- 

 ment have come to relax in favor of the United States fishermen, that 

 right which Great Britain has hitherto exercised, of excluding those 

 fishermen from the British portion of the Bay of Fundy, and they 

 are prepared to direct their colonial authorities to allow hencefor- 

 ward the United States fishermen to pursue their avocations in any 

 part of the Bay of Fundy, provided they do not approach, except in 

 the cases specified in the treaty of 1818, within three miles of the en- 

 trance of any bay on the coast of Nova Scotia or New Brunswick." 



Now, Sirs, one observation in passing, upon that letter, and it is 

 this: that the policy and the belief of the British Government is to 

 be found there, and not in any statement that has been made in the 

 House of Lords within recent times. 



Mr. Everett in reply (British Case Appendix, p. 143) renewed to 

 some extent his admission, arid accepted the offer, but not as a con- 

 cession. He expressly guarded himself against accepting it as a 

 concession, and he reasserted the United States right to it. I will 

 read from p. 143, from the paragraph in the middle of the page : 



" While he desires, however, without reserve, to express his sense 

 of the amicable disposition evinced by her Majesty's government on 

 this occasion in relaxing in favor of the United States the exercise 

 of what, after deliberate reconsideration, fortified by high legal 

 authority, is deemed an unquestioned right of Her MajestA^'s Gov- 

 ernment, the undersigned would be unfaithful to his duty did he omit 

 to remark to Lord Aberdeen that no arguments have at any time 



