ARGUMENT OF JOHN S. EWAET. 1305 



"I observed that the same principle which he was disposed to 

 apply to the Bay of Chaleur should attach as against fishing purposes 

 to Georges Bay, at the western end of the Gut of Canso. The Com- 

 modore did not dissent nor did he agree further to this observation 

 than in allowing the immediate headlands of bays to form their 

 proper boundaries." 



This, Sirs, is Georges Bay, the one just referred to. Chaleur Bay 

 you are already familiar with. 



SIR CHARLES FITZPATKICK: Where are Point Miscou and Cape 



Despair ? 



787 MR. EWART (indicating them on the map) : As to Miscou 

 and Cape Despair, there was a question in Commodore Perry's 

 mind as to whether the line should be in one place or in the other. 

 Georges Bay (indicating) is the other bay that he referred to, and as 

 to which he was non-committal. 



At p. 195 of the British Case Appendix is an extract from the re- 

 port of Commander Campbell to Vice- Admiral Seymour (one of the 

 British commanders reporting to his chief) in 1852, relating a con- 

 versation that Commander Campbell had had with Commodore 

 Perry. I read from the third paragraph on p. 195 : 



" Commodore Perry in alluding to the fisheries told me, that he was 

 fully aware that the United States fishermen frequently violated the 

 Treaty, and pointed out what he considered the limits in nearly the 

 same words, as he used while speaking to you in my presence on board 

 the ' Cumberland? I did not enter upon the subject with him more 

 than I could help, but on his asking me, what I considered the sea 

 boundary of the Bay of Chaleur, I told him that I thought from Mis- 

 cou Point, to Point Macqueron, but that I was merely giving my 

 private opinion. 



" The Commodore then told me that all the fishermen he had seen 

 complained more of the exclusion from Chaleur Bay, than any other 

 part of the Gulf, but that he told them distinctly they could not fish 

 in that bay without clearly violating the Treaty and that they must 

 take the consequences if they attempted it. He then informed me 

 that the ' Telegraph ' had detained another vessel called the ' Golden 

 Rule ' but that it was 'quite right ' and that he had been told by the 

 other American fishermen that that vessel was taken fishing within 

 the 3 miles." 



The rest is immaterial, except the last clause : 



"I neglected to mention that the Commodore remarked, that the 

 Treaty excluded his countrymen from fishing in the bay, of which 

 Cape St. George and Port Hood are the headlands, but that he is at 

 the same time clearly of opinion that the Treaty by no means pro- 

 vides against their navigating the Gut of Canso.' 



That bay is the Georges Bay that I was just referring to a moment 

 ago. 



Then, at p. 202 of the British Case Appendix I wish to read 

 another extract. I reserved it to be read in connection with 



