AWARD OP THE FISHERY COMMISSION. lV'1 



Mr. Bush, who negotiated the Treaty of 1818, in a letter to Secretary 

 Marcy, dated 18th July, 1853, says: 



These are the decisive words in onr favor. They mean no more than that onr nh- 

 eruien, whilst fishing in the waters of the Bay of Fnndy, should not go n*rrrfiliaii 

 three miles to any of those small inner bays, creeks, or harbors which are known to 

 indent the coasts of Nova Scotia and New Brunswick. To auppooe they were bound 

 to keep three miles off from a line drawn from headland to headland on the extreme 

 outside limits of that bay a line which might measure fifty miles or more, *r<-ordmg 

 to the manner of drawing or imagining it would be a most unnatural Hiippoition. 



Similar reasons apply to all other large bays and gulfs. In signing the treaty we 

 believed that we retained the right of fishing in the sea whether called a bay, gaff, or 

 by whatever name designated. Our fishermen were waiting for the word not of exclu- 

 sion but of admission to these large outer bays or gulfs. 



This reasoning of Mr. Rush evades the question. He admits the 

 right of exclusion from some bays, but can only say as to larger bays 

 (not defining or even describing what he means by larger bays) that it 

 is not to be supposed the right of fisbing in them would be signed away 

 by the American negotiators, a supposition, however, which, it appears, 

 Mr. Webster and other American statesmen did entertain and express. 



Senator Soule", in the Senate, August 5, 1852, referring to the words 

 of Mr. Webster, already cited, said : 



Is England right f If we trust the Secretary of Srate, in the view which he takm 

 of her claims, it would seem as if the terms of the letter of the treaty wore on h*r 

 side. This Mr. Webster peremptorily admits, while others but debate it upon mere 

 technicalities of language. 



After quoting from Webster, Senator Soul6 continued : 



Here the whole is surrendered ; there is no escape from the admission. It WM an 

 oversight to make so large a concession to England. The concession was then made, 

 was it not ? If so, the dispute is at an end ; and yet it were a hard task to justify the 

 summary process through which England has sought to compel us to compliance with 

 the concession, particularly aa she had, to say the least of it, suffered our nahermea to 

 haunt the Bay of Fundy, by express allowance in 1844. 



On August 12, 1852, Senator Butler, though expressing a desire to 

 make further inquiries into the subject, said : 



We cannot go beyond the Treaty of 1818; and that What is a British bay t What 

 is one of the bays and harbors of Great Britain f 



And after speaking of the clear concessions to American fishermen 

 on some of the coasts, bays, &c., of Newfoundland, Senator Butler 

 adds : 



But so far as regards the Bays of Nova Scotia and New Brunswick, we have no right 

 under the terms of the treaty to fish in them if they can be regarded a I 



Oh August 14, 1852, Senator Seward, answering the raemtwrs of the 

 Senate who had criticised the passage above quoted from Mr. \ 

 said: 



I cannot assent to the force of the argument of the honorable Senator from I^aj*- 

 iana. 1 am the more inclined to go against it, because I think i 

 in the day to find the Secretary of State wrong in the technical and legal c 

 of an instrument. Let us test the argument. The honorable Senat, 

 the government occupies both sides of the coast, and where the 8 

 the waters of the bay flow into the ocean is not more than six mile 



of or oar &* 





Canso is a most indispensable communication for oar & 

 men from the Atlantic Ocean to the Northumberland btrai to and to ll 

 Lawrence, for a reason which any one will very read, y see by r 

 yet the Gut of Canso is only three-quarters of a nil e. wide. I should 

 an argument which Great Britain might turn against us, to eiclu 

 portant passage. * * * 



Again I recall the honorable Senator's argument, vi j^ 



"Two things unite to give a country dominion over an in 



