PERIOD FROM 1841 TO ISo-l. 113 



bays indenting the shores both of New Brunswick and Novia Scotia, 

 within the Bay of Fundy. The vessels of the United States have a 

 general right to approach all the bays in her Majesty's colonial 

 dominions, within any distance not less than three miles — a privilege 

 from the enjoyment of which they will be wholly excluded — in this 

 part of the coast, if the broad arm of the sea which flows up between 

 New Brunswick and Nova Scotia, is itself to be considered one of the 

 forbidden bays. 



Lastly — and this consideration seems to put the matter beyond 

 doubt — the constructi(m set up by her Majesty's colonial authorities, 

 would altogether nulhf}^ another, and that a most important stipu- 

 lation of the treaty, about which there is no controversy, viz: the 

 privilege reserved to American fishing vessels of taldng shelter and 

 repairing damages in the bays within which they are forbidden to 

 fish. There is, of course, no shelter nor means of repairing damages 

 for a vessel entering the Bay of Funtly, in itself ccmsidered. It is 

 necessary, before relief or succor of any kind can be had, to traverse 

 that broad arm of the sea and reach the baj^s and harbors, pi'operly 

 so called, wliich indent the coast, and which are no dotd)t the bays 

 and harbors referred to in the convention of 1818. The privilege of 

 entering the latter in extremity of v, eather, reserved by the treaty, 

 is of the utmost importiince. It enables the fisherman, whose eqtupage 

 is always ver}^ slender (that of the Washington was fotir men all 

 told) to pursue liis laborious occupation with comparative safety, 

 in the assurance that in one of the sudden and dangerous changes of 

 weather so freqtient and so terrible on this iron bound coast, he can 

 take shelter in a neighboring and friendly port. 'To forbid liim to 

 approach witliui tliirty miles of that port, except for shelter in 

 extremity of weather, is to forbid liim to resort there for that pur- 

 pose. It is keeping him at such a distance at sea as wholly to destroy 

 the value of the privilege expressly reserved. 



In fact it wotdd follow, if the construction contended for by the 

 British colonial authorities were sustained, that two entirely different 

 Mmitations would exist in reference to the right of shelter reserved 

 to American vessels on the shores of her Majesty's c<»lonial posses- 

 sions. They woukl be allowed to fish within three miles of the place 

 of shelter along the greater part of the coast; while in reference to 

 the entire extent of shore witliin the Bay of Fundy, they would be 

 wholly prohibited from fishing along the coast, and would be kept 

 at a distance of twenty or tliirty miles from any place of refuge in 

 case of extremit}". There are certainl}" no obvious principles wliich 

 render such a construction probable. 



The undersigned flatters himself that these considerati(ms will 

 go far to satisfy Lord Aberdeen of the correctness of the American 

 understanding of the words "Bay of Fundy," arguing on the terms 

 of the treaties of 1783 and 1818. When it is admitted that, as the 

 undersigned is advised, there has been no attempt till late years to 

 give them any other construction than that for which the American 

 government now contends, the point woidd seem to be placed beyond 

 doubt. 



Meantime Lord Aberdeen will allow that tliis is a question, however 

 doiibtftd, to be settled exclusively b}' her Majesty's government and 

 that of the L'nited States. No disposition has been evinceil by the 



