1228 MISCELLANEOUS. 



the United States by the treaty of 1783, requires such a latitude of 

 construction. 



" It is obvious that (by the terms of the treaty) the farthest distance 

 to which fishing vessels of the United States are obliged to hold them- 

 selves from the colonial coasts and bays, is three miles. But, owing to 

 the peculiar configuration of these coasts, there is a succession of bays 

 indenting the shores both of New Brunswick and Nova 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 en- 

 joyment 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 Bruns- 

 wick 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 construction set up by her Majesty's colonial authorities, 

 would altogether nullify another, and that a most important stipula- 

 tion of the treaty, about which there is no controversy, viz : the privi- 

 lege reserved to American fishing vessels of taking shelter and repair- 

 ing damages in the bays within which they are forbidden to fish. 

 There is, of course, no shelter nor means of repairing damages for a ves- 

 sel entering the Bay of Fundy, in itself considered. It is necessary, 

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

 arm of the sea and reach the bays and harbors, properly so called, 

 which indent the coast, and which are no doubt the bays and harbors 

 referred to in -the convention of 1818. The privilege of entering the 

 latter in extremity of weather, reserved by the treaty, is of the utmost 

 importance. It enables the fisherman, whose equipage is always very 

 slender, (that of the Washington was four men all told,) to pursue his 

 laborious occupation with comparative safety, in the assurance that in 

 one of the sudden and dangerous changes of weather so frequent and so 

 terrible on this iron-bound coast, he can take shelterin a neighboring 

 and friendly port. To forbid him to approach within thirty miles of 

 that port, except for shelter in extremity of weather, is to forbid him 

 to resort there for that purpose. It is keeping him at such a distance 

 at sea as wholly to destroy the value of the privilege expressly reserved. 



"In fact it would follow, if the construction contended for by the 

 British colonial authorities were sustained, that two entirely different 

 limitations would exist in reference to the right of shelter reserved to 

 American vessels on the shores of her Majesty's colonial possessions. 

 They would 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 ex- 

 tent of shore within the Bay of Fundy, they would be wholly prohib- 

 ited from fishing along the coast, and would be kept at a distance of 

 twenty or thirty miles from any place of refuge in case of extremity. 

 There are certainly no obvious principles which render such a con- 

 struction probable. 



"The undersigned flatters himself that these considerations will go 

 far to satisfy Lord Aberdeen of the correctness of the American under- 

 standing of the words 'Bay of Fundy,' arguing on the terms of the 

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

 signed 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 would seem to be placed beyond doubt. 



