1106 MISCELLANEOUS. 



States shall be admitted to enter " such lays," for the purpose of 

 shelter and to obtain wood and water; thus clearly implying that 

 such bays are small indentations extending into the land to which 

 fishing craft would naturally resort for shelter and to obtain wood 

 and water, and not large, open seas like the Bay of Fundy. 



There are numerous bays of this character, along the coast, within 

 the Bay of Fundy, such as the Bay of Passamaquoddy, Annapolis, 

 St. Mary's, Chignecto, Mines Bay, and other well-known bays extend- 

 ing up into the land. 



There is a further argument to sustain the American construction 

 given to the treaty derived from the meaning affixed to the term 

 "coasts" as applied by the usage of the country, and which was 

 adopted and embodied in the various treaties between France and 

 England from a very early period, and has been continued down to 

 the present time. 



I have not seen this argument adverted to ; but it seems to me im- 

 portant, and indeed of itself quite conclusive, as to the matter in 

 question, and I shall now consider it. 



The term "coasts" in all these prior treaties, is applied to all the 

 borders and shores of the eastern waters, not only along the mainland 

 but in and about the Gulf of St. Lawrence, and around all the larger 

 and smaller islands where fisheries were carried on. 



These coasts are thus defined and specified in the treaty of Utrecht 

 betwen Great Britain and France in 1713, of Paris in 1763, and 

 other treaties to the present time. In the treaty of Utrecht between 

 France and England, the liberty of taking and drying fish is allowed 

 " on the coasts of Newfoundland ;" provision is also made as to the 

 fisheries on the coasts, in the mouth, and in the Gulf of St. Lawrence. 



Reference is made to these " coasts " in the same manner in the 

 treaty of Paris, which took place after the conquest of Canada. The 

 French are permitted by this treaty to fish in the Gulf of St. Law- 

 rence at a given distance from all " the coasts " belonging to Great 

 Britain, as well those " of the continent " as those of the islands situ- 

 ated in the Gulf of St. Lawrence. The fishery also " on the coasts " 

 of the comparatively small island " of Cape Breton out of said Gulf " 

 is regulated and provided for ; and further it is provided " that the 

 fishery on the coasts of Nova Scotia, or Acadia, and everywhere else, 

 out of the said Gulf, shall remain on the footing of former treaties." 



Now, I regard it as utterly impossible for any one looking at these 

 treaties, with the map of the islands and waters in the Gulf or Bay of 

 St. Lawrence, and in and around Nova Scotia, referred to in these 

 treaties, to doubt for a moment that the term "coasts" was designed 

 to apply, and did, in terms, apply to the whole contour of the main- 

 land and the islands referred to, including the entire circuit of Nova 

 Scotia on the Bay of Fundy. 



These expressions are continued in the same manner in the treaty 

 of 1783. The United States are there allowed to take fish in the Gulf 

 of St. Lawrence, " on the coast of Newfoundland," and also " on the 

 coasts, bays, and creeks of all other of His Britannic Majesty's 

 dominions in America." 



Again, in the preamble to the treaty of 1818, which we are now 

 considering, it is said to have been caused by differences as to the 

 liberty claimed to take fish on certain coasts, bays, harbors, and creeks 

 of his Britannic Majesty's dominions in America, and by the treaty 



