132 CASE OF THE UNITED STATES. 



necessary to prevent their taking, drying, or curing fish therein, or 

 in any other manner whatever abusing the privileges hereby reseived 

 to them.'' 



The question turns, so far as rehites to tlie treaty stipulations on 

 the meaning given to the word "bays" in the treaty of 1783. By 

 that treaty the Americans had no right to dry and cure fish on the 

 shores and hays of Newfoundland, but they had that right on the 

 coasts, hays, harhors and creeks of Nova Scotia; and as they must 

 land to cure fish on the shores, bays, and creeks, they were evidently 

 admitted to the shores of the hays, etc. By the treaty of 1818, the 

 same right is granted to cure fish on the coasts, bays, etc. of New- 

 foundland, but the Americans relinquished that right, and tlie right 

 tofsJi icitMn three miles of the coasts, hays, etc. of Nova Scotia. Taking 

 it for granted that the framers of the treaty intended that the word 

 "bay or bays" should have the same meaning in all cases, and no 

 mention being made of headlands, there appears no doubt that the 

 Washington, in fishing ten miles from the shore, violated no stipula- 

 tions of the treaty. 



It was urged on behalf of the British government, that by coasts, 

 bays, etc., is understood an imaginaiy line, drawn along the coast 

 from headland to headland, and that the jurisdiction of her Majesty 

 extends three marine miles outside of this line; thus closing all the 

 bays on the coast or shore, and that great bod}^ of water called the 

 Bay of Fimdy against Americans and others, making the latter a 

 British baj'. This doctrine of headlands is new, and has received a 

 proper limit in the convention between France and Great Britain of 

 2d August, 1839, in which "it is agreed that the distance of three 

 miles fixed as the general limit for the exclusive right of fishery upon 

 the coasts of the two countries shall, with respect to bays, the mouths 

 of which do not exceed ten miles in width, be measured from a straight 

 line drawn from headland to headland." 



The Bay of Fundy is from 65 to 75 miles wide, and 130 to 140 miles 

 long, it has several bays on its coasts; thus the word bay, as applied 

 to this great bod}^ of water, has the same meaning as that applied to 

 the Bay of Biscay, the Bay of Bengal, over which no nation can have 

 the right to assume the sovereignty. One of the headlands of the 

 Bay of Fundy is in the United States, and ships bound to Passama- 

 quoddy must sail through a large space of it. The island of Grand 

 Menan (British) and Little Menan (American) are situated nearly on 

 a line from headland to headland. These islands, as represented in 

 all Geographies, are situate in the Atlantic Ocean. The conclusion, is, 

 therefore, in my mind irresistible, that the Bay of Fundy is not a 

 British bav, nor a bay within the meaning of the word, as used in the 

 treaties of 1783 and 1818. 



The owners of the Washington, or their legal representatives, are 

 therefore entitled to compensation, and are hereby awarded not the 

 amount of their claim, which is excessive, but the sum of three 

 thousand dollars, due on the 15th January, 1855. 



The opinion of the American Commissioner in this case is printed 



in full in the Appendix." 



oAppendix, pp. 1101-1108. 



