MISCELLANEOUS. 1107 



provision is made as to the fisheries on the coasts of Newfoundland, 

 and on " the coasts, bays, harbors, and creeks from Mount Joly, on 

 the southern coast of Labrador, to and through the straits of Belle 

 Isle, and thence northwardly indefinitely along the coast; " and then 

 follows the renunciation from the right before enjoyed by the United 

 States " to take, dry, or cure fish on or within three marine miles of 

 any of the coasts, bays, creeks, or harbors of his Majesty's dominions 

 in America." 



It seems to me undeniable that the term " coasts " in all these 

 treaties was well defined and known. The outlet of the St. Lawrence 

 is equally well known by the term " bay " or " gulf." The shores on 

 that bay or gulf, and on the islands within it, are uniformly spoken 

 of as " coasts; " and the same mode of designating the shores along 

 this entire country is used in all these treaties in reference to the 

 various waters where fisheries were carried on. 



" The coasts " named in these treaties were not only the coasts of 

 the Bay or Gulf of St. Lawrence, and of the island of Cape Breton, 

 but extended from the head of the Bay of Fundy along the bay en- 

 tirely around Nova Scotia to the Gulf or Bay of St. Lawrence. 



There never had been any misunderstanding as to the application 

 of this term, or denial of the right to fish on these coasts, as I have 

 named them, under all these treaties down to 1818. The term " coasts," 

 as applied to Nova Scotia during this long period, was as well known 

 and understood as the term " coasts " applied to England or Ireland ; 

 and it included the coasts on the Bay of Fundy as fully and certainly 

 as the term " coasts " of England applies to the coasts of the English 

 channel. It was a fixed locality, known and established, and the right 

 of taking fish had always been " enjoyed there." 



When, therefore, the treaty of 1818 " renounced the liberty, here- 

 tofore enjoyed, of taking fish within three marine miles of any of 

 the coasts, bays creeks, etc., of his Britannic Majesty's dominions," 

 the renunciation was, for this distance from a fixed locality, as fully 

 settled and established as language, accompanied by a long and un- 

 interrupted usage, could make it. 



" The coasts " named are those of 1783, and of prior treaties, and 

 the renunciation of three miles was to be reckoned from these coasts. 

 The Bay of Fundy was therefore not excluded from the fishing 

 grounds of the United States. 



The annexed sketch of the Gulf or Bay of St. Lawrence, with the 

 adjoining waters and coasts, will show how the term coasts was prac- 

 tically applied under all the treaties referred to prior to 1818. 



I am not aware of any reply to the points here taken that I think 

 can at all invalidate them. 



From the papers filed in the case, it appears that in 1841 the prov- 

 ince of Nova Scotia caused a case stated to be drawn up and for- 

 warded to England, with certain questions to be proposed to the law 

 officers of the crown. 



One inquiry was, whether the fishermen of the United States have 

 any authority to enter any of the bays of that province to take fish. 

 These officers, Messrs. Dodson and Wilde, reply that no right exists 

 to enter the bays of Nova Scotia to take fish, " as they are of opinion 

 the term headland is used in the treaty to express the part of the 

 land excluding the interior of the bays and inlets of the coasts." 



