MISCELLANEOUS. 1273 



east, I give an example in the case of the Passamaquoddy, which in 

 itself is only a branch-bay of Fundy. In this small branch-bay, 

 then, in common language, are Cipp's, South, East, Rumsey's, Cobs- 

 cook, Strait, Friar's, Casco, and West Quoddy; and the Passama- 

 quoddy, after being thus minutely divided, takes the name of St. 

 Andrew's bay, northerly and westerly of Eastport. The term "bays" 

 is therefore a word of sufficient significance in the treaty, without 

 embracing bodies of w r ater which are as large as many European seas, 

 and which are to be held in America as seas. I claim that our vessels 

 can enter them of right, and fish in them, and can enter and fish in 

 their branches, where the shore on either hand is more than three 

 miles distant. We renounced the right to fish in the bodies of sea- 

 water which are less than six miles wide at their entrance or mouths, 

 and in no others. That this is the true meaning of the convention is 

 apparent from the proviso of the renunciatory clause, which allows our 

 fishermen to enter "such bays or harbors for the purpose of shelter, and 

 of repairing damages therein, of purchasing wood, and of obtaining 

 water," &c. Now, as every practical man knows that neither of these 

 purposes is or can be accomplished in large open bays, it is certain that 

 while we renounced the right to fish in the small bays, we retained the 

 right to enter them in cases of distress and emergency. The bays 

 relinquished are of a description which allow of anchorage and shelter 

 in stormy weather; that actually afford safety during the days and 

 weeks which disabled vessels may occupy in repairs; that have 

 accessible forests, and springs or streams of fresh water. The idea 

 embraced is, that our vessels, in the cases specified, may run into any 

 and every indent of the coast; for the term "purchasing wood" sup- 

 poses a colonial owner, with a habitation on the shore, of whom fuel can 

 oe bought and paid for; and thus includes places which are inhabited. 

 Persons who are acquainted with the bold and rocky shores of the 

 large bays of British America those of Chaleurs and Fundy, for 

 example with the dense fogs which prevail there, with the frequent 

 and terrific gales, and with the fearful whirls and great rise and 

 fall of the tide, understand full well what was intended to be reserved 

 in the treaty, and the importance of the reservations. But such per- 

 sons never heard, and, I will venture to say, never will hear, of fishing 

 vessels, or of any class of vessels, effecting either of the purposes 

 mentioned in the proviso, while sailing broad in the great seas which, 

 in common language, are called bays. Yet these seas, in the opinion of 

 the crown lawyers, are only open to our vessels in cases of distress, 

 and when not one object for which they say we may lawfully enter 

 them can, in fact, be executed. An attempt to show that the Queen's 

 advocate, and her Majesty's attorney general, do not thus absurdly in- 

 terpret the convention, involves the admission that our vessels, once 

 across the line drawn three miles outside of the headlands, may seek 

 the small branch-bays within these seas; and so demonstrates the 

 accuracy of the construction which I have given; for then it follows 

 that the right to fish in the branch-bays only is renounced, inasmuch 

 as "such bays," after all, are the bays which afford the shelter, the ac- 

 commodation for repairs, and the wood and water, contemplated by 

 the convention. 



"It is an established rule in the exposition of statutes," says Chan- 

 cellor Kent, "that the intention of the lawgiver is to be deduced from 

 a view of the whole and of every part of a statute, taken and com- 



