AEGUMENT OF JOHN S. EWAKT. 1303 



using the word " bays " in the very sense in which he says it ought 

 not to be used. I read from the middle of the second paragraph on 

 p. 171 of the United States Counter-Case Appendix : 



" On the American side it has been contended that American fisher- 

 men have a right to enter and fish in any of the bays which indent 

 these shores, provided they never approach, for the purpose of taking 

 fish, within three marine miles of the coasts by which such bays are 

 encompassed. On the part of Great Britain, it has been contended 

 that these three marine miles are to be measured from headland to 

 headland, and not from the bays or indents of the coast. 



" This restrictive construction on the part of Great Britain, you 

 will perceive from a glance at the map, if strictly enforced, would 

 exclude our fishing vessels from George s bay, the Bay of Miramichi, 

 the straits of Northumberland, and the large Bay of Chaleur, where 

 the best mackerel are annually caught. Now, these are large open 

 bays, much more than six marine miles wide, and our fishing vessels 

 can, with ease, enter and fish without ever approaching within three 

 marine miles of the coast." 



He continues on the same lines, and introduces the shelter theory. 

 So that he has now reverted to the fishermen's idea. He does not 

 refer to Mr. Everett's admission, and he says nothing about Mr. 

 Webster's admission; but, leaving those out of notice altogether, he 

 restates the Stevenson position of 1841. The instructions to Commo- 

 dore Shubrick are to be found at the top of p. 173 : 



" On reaching Halifax, however, you will have an interview with 

 Admiral Seymour," 



786 And in the next paragraph: 



" In vour interview you will endeavour to ascertain the 

 views of Admiral Seymour, the instructions of his government, and 

 especially the course he designs pursuing towards any of our fishing 

 vessels that may be found fishing in the bays, but not within three 

 miles of the shore." 



Having read those instructions, then, or at least extracts from 

 them, I will now return to the letter that I parted from a moment 

 ago, at p. 176 of the same volume, the United States Counter-Case 

 Appendix, from Commodore Shubrick to the Secretary of the Navy. 

 I read from the fourth paragraph of the letter : 



" I stated to the Admiral " 



That is, to Admiral Seymour 



" that I was instructed to seek an interview with him, and to express 

 the great desire of the President that a cordial understanding should 

 exist between the officers charged with the interests of the two govern- 

 ments: that I had been instructed to direct the officers of the United 

 States squadron to be particular in warning the citizens of the 

 United States engaged m the business of fishing to scrupulously 

 avoid any violation of the stipulation of the convention of 1818, 

 or of their duty as citizens; that the President could not take the 



